In the state of Maryland, knowing which laws apply to your personal injury case can be tricky. Some cases may call for a mediated settlement, while others may require court appearances and adjudication. Here are some of the personal injury laws in Maryland that may apply your personal injury case.
Response Times for Personal Injury Lawsuits
As with other areas of the law, a statute of limitations are placed against laws pertaining to personal injuries, limiting the amount of time you have to take legal action. In the state of Maryland, the victim or perceived offender typically has up to three years after the date to take action. In the case of claims against the government, you have a year to file a claim, though the three year allotment stands for filing a lawsuit.
This restriction in time is one to consider as you plan the legal strategy you’ll employ to address your claims. Filing paperwork as quickly as possible is in your best favor, as this allows for the maximum amount of time to address any misfiling or other human errors that may interfere during the mediation process. Failure to address all the obligations required to move forward with a suit in the time given voids the court’s ability to hear your case.
Shared Fault
In the process of filing for a lawsuit, it isn’t uncommon for the other party to claim that there is fault to be shared with the victim.
While it is not always the case, sometimes shared fault can be reasonably explained. In the state of Maryland, when it is determined that there is contributory negligence, the party filing the original suit may be barred from receiving any remuneration for damages received from the accident.
For example, in the case where one party is driving slightly above the speed limit, and the other makes an illegal turn, it could be argued that both parties contributed to the accident, even if there are medical damages inflicted on only one side. When contributory negligence is applied, the injured party will not be permitted to collect damages from the other driver. The negligence of one party cancels out the damage caused by the other.
In the state of Maryland, courts are obligated to apply such rules when it can be proven that the injured party bears responsibility for the accident in questions. Since lawyers are aware of this, it may be presented in mediation to intimidate the filer of the lawsuit.
Insurance Laws
Auto insurance laws in Maryland attempts to determine which party is at fault, meaning that the injured party can file claims with their auto insurer as well as the insurance provider of the at-fault party in order to receive damages. This is why in Maryland drivers are required to have insurance plans that cover at least $30,000 in bodily injuries per person on their plan, and $60,000 per auto accident. Depending on the extent of the injuries, these may suffice in the damages sought by the injured party.
Liability for Pets or Other Animals
As it stands, there are no statutes in the state of Maryland that address the liability for an owner should their dog bite someone. In the case of an attack from an animal, the injured party must be able to reasonably establish that the owner of the animal should have known that they would be a threat to strangers.
Damage Limits
Most states have caps set in place concerning the damages an injured party can receive from a lawsuit. These caps generally differ in category, separating medical costs from loss of wages. In some states, these caps can cover the different kinds of claims that could be filed that fall under the umbrella of personal injury.
In Maryland, caps exist on all non-economic damages in personal injury cases. On October 1, every year, these caps are reexamined to adjust with the rate of inflation. To determine the payout of any damages, the rate of inflation is determined in connection to when the injury occurred and not necessarily when it is being disputed in mediation or in court.
How we can help you
Pursuing a personal injury claim in Maryland can be a complicated process. Every type of personal injury case involves specific guidelines for determining fault and damages.
Have You Been Injured In An Accident Virginia, Maryland or Washington D.C.?
If you've been hurt in an accident you need to speak with an experienced personal injury attorney as soon as possible. Please contact us online or call our Vienna, Virgnia office directly at 703.991.7978 or our Rockville, Maryland office at 301.637.5392 to schedule your case consultation.
