Car accidents and Personal Injury claims go hand-in-hand. Below is an overview of a car accident and personal injury laws so you can understand your legal options in the case that you suffer either of them.
The Maryland Statute of Limitations:
A Statute of limitations is a state declaration that sets a fixed time limit on an individual`s right to bring their claim to court. Furthermore, Maryland has a number of statutes of limitations for both car accidents and personal injuries and they are:
- The statute of Limitations under the Maryland Courts and Judicial proceedings Code section 5-101, instructsan individual that their car accident or a personal injury lawsuit must be filed before a 3 year deadline that begins from the day of the accident. Moreover, in the case of death, the family of the deceased also has 3 years to file the case.
- For car accident and personal injury claims against Maryland State, an individual has a deadline of 1 year to file the claim and 3 years for them to file a court case.
It is important to keep know that if an individual files a car accident or a personal injury lawsuit after the time limit, they will most likely have their case be denied a court hearing,
Maryland shared fault law:
Maryland is different from other states because of the “contributory negligence” law, in which if a person is remotely at fault for causing the accident, the injured individual will not be able to recover any compensation from the guilty party. Moreover, it is mandatory for the courts in Maryland to impose this law every time the injured individual is found to be remotely at fault for any accident. Nevertheless, insurance claims adjusters can apply this rule during the compensation talks, so it is recommended for people to be ready just-in-case.
Maryland Car insurance laws:
Since car insurance laws are based on the at-fault system in Maryland, this allows injured individuals to either file charges on the other motorist insurance company or their own insurance company. Moreover, it is mandatory for Maryland car owners to have liability insurance for accidents along with a set minimum liability limit which is $30,000 for injuries for 1 individual and $60,000 for injuries on 2 or more individuals in addition to having $15,000 for property damage.
Owner liability for personal injuries caused by animals
When an individual is attacked by an animal such as a dog, then under Maryland Courts and Judicial Proceedings Code Section 3-1901, the owner of the responsible animal is held severely liable for all damages and injuries caused by the animal`s aggressive conduct because under this law it maintains that the owner of the animal had prior knowledge that the animal is dangerous.
Damage limits in Maryland:
The Maryland state places limits to how much damage compensation an individual can receive. Moreover, the limits implemented in cases are usually measured from the day of the accident, additionally, the amounts allowed for damages are shown below:
- The limit for medical malpractice damages from the accident is $695,000
- The limit for non-medical malpractice from the accident is $755,000
- The limit for medical malpractice that resulted in death with 2 or more recipients is $868,750
- The limit for non-medical malpractice that resulted in death with 2 or more recipients is $1,132,500