Maryland Personal Injury Laws Montgomery Lawyer
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Personal injury in the state of Maryland is defined as any incident that may cause any bodily harm or material damage to an individual. There are many different types of personal injury accidents including but not limited to:
- Automobile Accidents (cars, trucks etc.)
- Medical Malpractices (Surgical Misconduct, misdiagnosis etc.)
- Defective artificial Products (seatbelts, machinery)
- Slip and Fall
If a person believes they are involved in a personal injury incident they may file a personal injury claim against the person believed to have caused the incident. Before filing a claim, it is in an individual’s best interest to hire a lawyer to consult throughout the case.
There is a statute of limitations on every case in Maryland. A statute of limitations is the time frame in which a person is allowed to file a claim. For personal injury claims, the statute of limitations is within three years from the date the incident took place. If a personal injury claim is being filed against the state government, the statute of limitations is within a year from the occurrence of the incident.
An individual that was harmed physically or financially during an accident is entitled to compensation. In the state of Maryland, the person found guilty of causing the incident is required by law to pay any compensation related to the incident. States that recognize this law are known as ‘fault states’. An individual may be reimbursed for losses during an incident such as:
- Medical Costs
- Costs of any treatments received or will be received because if the accident.
- Income Loss
- Any salaries damaged or lost because of the accident and any future incomes that have become unattainable due to the accident.
- • Damage to Property
- Any damage caused to the plaintiff’s property such as cars, houses, laptops etc.
- Pain and Suffering
- Emotional Distress
Before a trial begins, a defendant may offer to pay a certain sum of compensation to the plaintiff to avoid heading to trial. This is done during settlement negotiations. If the plaintiff is content with the offer they may accept it and settle the case without heading to trial. If the plaintiff believes they are entitled to more compensation, they may refuse the offer and take the case to trial instead.
During a trial, the plaintiff’s party will argue that the defendant is fully liable and should be found guilty of causing the accident. To do so they must prove that the defendant was negligent. This is done by using
A) The four elements of negligence
- Breach of Duty
B) The Reasonably Prudent Individual
- Comparing the actions of the defendant to the actions of a theoretical reasonable and responsible figure in the same situation and determining whether or not the defendant was in fact negligent.
The defendant’s party may argue that the defendant is innocent or is not entirely responsible for the occurrence of the incident. In the state of Maryland, there is a law known as contributory negligence. If a defendant claims that the plaintiff can be held partially responsible for the occurrence of the incident and the court finds this to be true, the plaintiff loses the right to claim any compensation for their losses.
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. C