In the state of Maryland, personal injury is known as any accident caused by the irresponsible actions of an individual that results in any mental or physical harm to another individual.
Types of Personal Injury cases are:
- Automobile Accidents
- Medical Malpractice
- Faulty Manufactured Products
- Property Damage
When a person believes that they are a victim of a personal injury incident, they may file a claim against the person/party that caused the incident. It is advised that an individual hire a lawyer soon after the incident to avoid any evidence being lost or destroyed.
When filing a personal injury claim, an individual should be aware of the statute of limitations on their claim. This means that there is a certain amount of time a person has to file a claim from the date of the incident or it will no longer be a valid claim. The statutes of limitations in Maryland is 3 years for a personal injury claim against a person/party and 1 year if the victim is filing against a government corporation.
A victim of a personal injury incident is entitled to compensation for their losses. These losses include but are not limited to:
- Medical Expenses
- Damage to income
- Pain and suffering
- Mental distress
- Loss of Affection
- Property Damage
- Mental Disability
- Loss of Enjoyment
- Emotional Trauma
Before a trial is held, the victim and the accused party will attend a settlement negotiation. In this settlement meeting, the defendant and the victim will attempt to come to an agreement on a compensation offer. If the victim accepts an offer made by the defendant, the case is considered settled and it is no longer necessary that they go to trial. However, if the victim refuses the offer made by the defendant, they may make a counteroffer to the defendant or take the case straight to trial.
Once a case is taken to trial, a judge will determine whether or not a defendant is guilty and how much compensation should be paid to the victim (if any). In court, the victim or their legal representative will try and prove to the court that the defendant is, in fact, guilty of causing personal injury and will do so on the grounds of negligence. Negligence is an individual’s failure to take proper care at the time of the incident which in turn causes injury or damage to another person. Since Maryland is one of the few fault states, if the defendant is found solely liable for causing an incident, the court will order them to pay the compensation determined by the judge to the victim.
A defendant may argue that the victim is also responsible for causing the incident. Maryland recognises the law that is known as contributory negligence. This means that if a plaintiff or victim of a personal injury can be found guilty to any extent of causing the incident, the court will ban them from collecting any compensation and may dismiss the case entirely.
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.