Most states employ the principle of comparative negligence, this principle states that in cases where the victim’s negligence caused the accident they were in, an amount corresponding to the degree of their negligence will be decreased from the overall damages they will collect. For example, if a person was found to be 25% responsible for their accident, then 25% will be taken off their settlement.
However, the state of Maryland is one of the few states, along with Washington D.C, Virginia, North Carolina and Alabama to employ contributory negligence.
According to contributory negligence, that if the victim is found to be partially responsible for the accident, for even as little as 1%, they will be prohibited from collecting any of the damages they may be entitled to.
Contributory negligence has generally been considered to be one of the harshest and most unfair laws in Maryland and some judges predict for it to be removed in the near future.
Negligence is defined as the failure of individuals to operate a certain duty of care, for example exceeding a speed limit, crossing the street at the wrong signals and not walking carefully next to a wet floor sign.
The law of contributory negligence in Maryland may forbid victims of accidents such as a car accident or a slip and fall from being able to collect many damages they could be entitled to, these include medical expenses, lost wages, property damage, punitive damages and pain and suffering.
The medical expenses of the injuries the victim suffered are all the medical bills paid and expected to be paid and include everything from X-rays to surgery to any ongoing physical therapy for recurring pain as a result of the injury.
Lost wages are the salaries of all the days of work the victim missed and may be expected to miss because of their injury.
The costs of repairing the vehicle damaged in the accident are considered property damage in auto accident cases.
Punitive damages in Maryland are damages intended to punish the at-fault individual if their actions were deemed too reckless and were considered to have caused the accident.
Pain and suffering refer to the physical pain, emotional distress and mental anguish suffered by the victim as a result of the accident. Pain and suffering includes the inability to perform daily tasks or physical exercise as a result of the accident, the time the victim spent away from their family and the time spent travelling in order to treat their injuries along with the long term effect the injury will have on their ability to perform activities such as their job.
Gathering relevant pieces of evidence is crucial in establishing fault in a personal injury claim. This is crucial because insurance companies will always try to prove that the victim was partially to blame. This evidence includes testimonies from relevant witness, CCTV or mobile phone footage, medical and police reports. Furthermore, a notable exception of the contributory negligence is the failure to use the child seat in a car.
If you need a Maryland Contributory Negligence Lawyer to help you with your Contributory Negligence case in Maryland, call us at 888-437-7747. Our Maryland Contributory Negligence Attorneys can help you. C