Personal injury claims are filed when an individual is faced with bodily harm because of an accident that they were involved in. When filing a personal injury claim, it is in a person’s best interest to hire an experienced attorney to advise and represent them throughout the case. This is because personal injury claims are complicated and require a person to be very familiar with the different laws and circumstances that may surround the claim.
Different types of personal injury cases are:
- Vehicle Accidents
- Defective manufactured Products
- Medical Malpractice
- Defective Property
Choosing the right lawyer is based on their experience with cases similar to the individual’s case and the steps they plan to take throughout the case.
Each case has a statute of limitations. A statute of limitations is a time limit an individual has to file a claim or lawsuit. The statute of limitations in Maryland on personal injury cases is 3 years from the date the accident took place and 1 year if the claim is being filed against a government’s agency. A lawyer will ensure that the case is filed within its statute of limitations.
Once a lawyer is hired, the first thing they should do is carefully interview their client and any witnesses and accumulate any evidence related to the case. The lawyer will then discuss with their client what their case’s worth and the amount of compensation they should demand from the defendant. Maryland is a fault state which means that if a defendant is found guilty of being responsible for an accident, they are commanded to reimburse the plaintiff for any losses they received due to the accident.
Compensation can be paid to cover:
- Medical Costs
- Damage/ Future Damage to Income
- Damage to Property
- Emotional Distress
- Pain and Suffering
In Maryland, prior to the beginning of the trial, a settlement assembly is held between both parties and negotiations are made to avoid taking the case to trial. The defendant will make an offer of a financial sum to the plaintiff party. A lawyer will study the offer, summarize it for their client and advise their client on whether or not they should accept the offer. if the client does not accept the offer the case is taken to trial.
In a trial, a lawyer will argue that the defendant was the sole causer of the accident. To prove a defendant’s liability, the lawyer will need to prove that the defendant was negligent. This may be done by means of:
- The four elements of negligence
- Person’s responsibility to ensure their actions are not causing dangerous situations
- Breach of Duty
- Person’s actions that fail to properly carry out their Duty
- Proof that connects any injuries to the breach of duty
- Financial losses that resulted from the injuries
- The Reasonably Prudent Person
- To prove the negligence of a defendant, a lawyer will need to compare what a sensible individual would have acted to how the defendant acted during the incident.
A lawyer in Maryland will also need to discuss with their client the possibility that ‘contributory negligence’ be argued by the defence during the trial. Contributory negligence means that if the plaintiff can be held liable for even the smallest percentage of causing the accident, they will be barred from receiving any compensation.
If you need a Maryland Personal Injury Lawyer to help you with your Personal Injury case in Maryland, call us at 888-437-7747. Our Maryland Personal Injury Attorneys can help you.