What is considered a Personal Injury?
A personal injury is any incident that causes or may cause bodily harm to another individual.
Personal injury claims include:
- Vehicle Accidents (cars, motorbikes, trucks etc.)
- Medical Malpractice
- Defective Man-made products (seatbelts, machinery, drugs)
- Slip and Fall cases
How long will a personal injury case take?
Each personal injury claim is different. The length of time a personal injury case takes depends on the circumstances surrounding it and whether the case is settled or taken to trial.
How long do I have to make a claim in the State of Maryland?
Each case has a statute of limitations which is a time limit a person has to file a claim. In the state of Maryland, the statute of limitations on personal injury claims is within three years from the date of the incident. If the claim is made against a government organization, a person is required to file a formal claim within a year and is allowed file a lawsuit within three years of the incident.
How much is my personal injury case worth?
A personal injury case is worth the amount of money a plaintiff would need to restore their life back to its pre-incident conditions.
Compensation for a personal injury case include:
- Medical Expenses
- Cost of any medical treatments required because if the incident.
- Lost Income
- any wages lost due to the incident for reasons such as missed work days
- Future lost income
- any future income that can no longer be obtained because of the incident. For example, if an individual obtains a physical disability that prevents them from continuing in their line of work.
- Pain and Suffering
- Damage to property
- Any damage caused to an individual’s property such as damage to a car in a vehicle accident.
Will my personal injury case go to trial?
Before a personal injury claim is taken to trial, a settlement meeting is held between the plaintiff and the defendants with either party’s legal representation present. In this meeting, both sides will attempt to come to an agreement on the amount of conversation that will be paid. if the parties come to an agreement, the case is settled and does not go to trial. If the parties disagree in the settlement meeting, the case will go to trial.
What is Negligence in Maryland?
Negligence is a theory used by the court to measure liability. Negligence is an individual’s failure to be reasonably careful and responsible under certain circumstances. The court uses two methods to determine an individual’s negligence:
- Elements of Negligence:
- Breach of Duty
- The reasonably prudent person:
This method is used to compare what the defendant did under the circumstances of the incident versus what a reasonable responsible person would have done.
What does ‘Contributory Negligence’ mean in Maryland?
Contributory Negligence means if a defendant can prove that the plaintiff is to any extent responsible for the occurrence of the incident, they are not entitled to any compensation from the defendant.