Personal Injury Law in MarylandAugust 15, 2019
If you were injured in a car accident in Maryland, the claims process can be confusing and overwhelming, particularly if you are not even sure where to begin. There are deadlines that you need to be aware of, as well as a wide range of other procedures and laws that can have a significant impact on whether your claim is approved, and the amount of compensation you are eligible to receive. Keep the following personal injury law basics in mind the next time you or someone you know is injured in a car accident, or any other type of personal injury.
- Maryland Statute of Limitations: In most cases, a personal injury claim must be filed within three years of the date of the accident. Failure to comply with this deadline could result in the claim being denied. There are some exceptions to this rule, including when minors are involved, or cases involving fraud.
- Maryland is a Fault-Based Jurisdiction: That means that anyone who is injured may file a claim against their own insurance company, the other party’s insurance company, or go to court to seek damages.
- Shared Fault Rules: Maryland is a contributory negligence state, which means that if an injured party is even partially responsible for causing the accident, they are ineligible to collect damages. It is common in the state of Maryland for the other party involved to claim that the injured party is partly to blame for the accident.
- Strict Liability Laws: Liability laws are particularly strict in animal negligence cases. For example, if a large dog breaks free of its leash or gets out of a fenced-in yard and attacks another person, the owner of the dog is liable for the victim’s injuries. This is particularly true for owners of pitbulls. In fact, pitbull owners may face liability if their dog injures another person or animal, regardless of whether it was the dog’s fault.
- Assumption of Risk: In Maryland, if a person understands or has knowledge of a potentially dangerous situation, but voluntarily exposes themselves to that risk, the assumption of risk defense applies, meaning the individual assumed the risk of injury. Slip and fall accidents involving icy conditions are a common example where the assumption of risk defense applies, but it can apply to other negligence claims as well, as long as it meets the criteria.
- Caps on Damages: Maryland places a cap on non-economic damages, which are damages that cannot be easily quantified. The caps are adjusted each year on October 1 to reflect inflation.
Baltimore Car Accident Lawyers at LeViness, Tolzman & Hamilton Assist Clients Throughout the Claims Process
If you have been injured in a car accident, contact the Baltimore car accident lawyers at LeViness, Tolzman & Hamilton. We will address all of your questions and concerns and ensure that you receive the maximum financial compensation you deserve for your injuries. Our dedicated team will continue to fight until you are completely satisfied. To schedule a free, confidential consultation, call us today at 800-547-4LAW (4529) or contact us online.
Our offices are located in Baltimore, Columbia, Glen Burnie, and Towson, allowing us to represent car accident victims in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.