When someone is injured in an accident, figuring out who is responsible becomes very important. In Maryland, personal injury cases often focus on the idea of negligence. This is a legal concept that helps to determine if one person or party is at fault for causing harm to someone else. When negligence is proven, the injured person might be entitled to compensation for their injuries. But understanding what negligence is and how it works in a personal injury case can be confusing. It involves looking at the actions of people involved in an accident and deciding if someone failed to act responsibly. At, Alpert Schreyer, LLC , we are here to guide you through the legal process and help you navigate the complexities of your case.
In Maryland, negligence plays a big role in many personal injury cases. From car accidents to slip-and-fall incidents, the idea of whether someone acted with care or was careless can affect the outcome of a case. If you or someone you know has been hurt in an accident, it is helpful to understand how negligence works and how it might affect a personal injury claim.
What Is Negligence?
Negligence means not being careful enough in a situation where you have a duty to act safely. In legal terms, it refers to someone failing to take the proper steps to prevent harm to others. When this happens, and someone is hurt as a result, the person who acted carelessly can be held responsible. This responsibility includes paying for things like medical bills, lost wages, and even pain and suffering.
In Maryland, for a personal injury case to succeed, the injured person needs to show that the other party was negligent. This means proving that the person who caused the injury was not acting in a way that a reasonable person would in the same situation. For example, in a car accident, a driver might be negligent if they were speeding or running a red light. In a slip-and-fall case, a property owner might be negligent if they knew about a dangerous condition on their property and did nothing to fix it.
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How Negligence Is Proven in Maryland
In order to prove negligence, there are several things that must be shown. These elements are necessary in almost all personal injury cases in Maryland. First, the injured person must prove that the other party owed them a duty of care. This means showing that the person who caused the injury had a responsibility to act in a way that would keep others safe. For example, drivers owe each other a duty to drive carefully and obey traffic laws. Property owners owe a duty to keep their premises safe for visitors.
Next, it must be shown that the other party breached that duty. In other words, they failed to act with care. This could mean doing something unsafe, like texting while driving, or failing to do something they should have, like cleaning up a spill on the floor. If the other party did not act in a way that a reasonable person would have in the same situation, then they have breached their duty of care.
After that, the injured person must show that this breach of duty caused their injury. It is not enough to just prove that someone was careless. The carelessness must be directly linked to the injury. For example, if a driver runs a stop sign and crashes into another car, the driver’s breach of duty would be the cause of the other person’s injuries. But if the injuries were caused by something else, like a malfunctioning seatbelt, then the breach of duty might not be directly related to the injuries.
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Finally, the injured person must prove that they suffered damages. This means showing that the injury has caused them harm, whether it is physical, emotional, or financial. Without showing that they were harmed in some way, it is difficult to hold someone responsible for negligence.
Maryland’s Contributory Negligence Rule
One thing that makes personal injury cases in Maryland different from those in many other states is the rule of contributory negligence. This rule can make it much harder for injured people to recover damages. In Maryland, if the injured person is found to be even partially at fault for the accident, they might not be able to recover any compensation at all. For example, if someone slips and falls in a store but was also texting and not paying attention to where they were walking, the court might decide that they were partly to blame for their own injuries. If this happens, they might not be able to receive any money from the store owner, even if the store was also careless.
This rule makes it very important for injured people to show that they were not at fault for the accident. In many cases, the other party’s lawyers will try to prove that the injured person was at least a little bit responsible for what happened. If they succeed, it could mean that the injured person will not receive any compensation. That is why it is so important to work with a lawyer who understands how to handle these kinds of cases.
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Common Examples of Negligence in Personal Injury Cases
Negligence can happen in many different ways. One of the most common examples is in car accidents. Drivers have a duty to follow the rules of the road and drive safely. If a driver speeds, ignores traffic signals, or drives under the influence of alcohol, they might be considered negligent if they cause an accident. When drivers do not act responsibly and other people are hurt as a result, they can be held responsible for paying for those injuries.
Slip-and-fall cases are another common example. In these cases, property owners are expected to keep their properties safe for visitors. If there is a dangerous condition, like a wet floor or a broken step, and the property owner does not fix it or warn visitors about it, they can be held liable if someone gets hurt. These types of cases often depend on proving that the property owner knew about the danger and had time to do something about it but chose not to.
Medical malpractice cases also involve negligence. Doctors and other healthcare providers have a duty to provide safe and effective care to their patients. When they fail to do so, and a patient is harmed, they can be sued for medical malpractice. This might include situations where a doctor misdiagnoses a condition, makes a mistake during surgery, or fails to give the right treatment.
Personal Injury Statistics
75%
of people who are injured due to someone else's negligence don't believe they could pursue an injury claim.
95%
of personal injury cases are settled pretrial. Typically, only about five percent of personal injury claims will go to trial.
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The Importance of Hiring a Lawyer in Maryland Negligence Cases
Negligence cases can be very complicated. They often involve looking at a lot of different factors to determine who is at fault for an accident. In Maryland, where contributory negligence can make it very difficult for injured people to recover damages, having a lawyer can make all the difference. A lawyer will help gather evidence, speak with witnesses, and make sure that the injured person’s case is as strong as possible.
In addition, personal injury cases often involve dealing with insurance companies. These companies are usually looking for ways to avoid paying out large settlements, so they will try to reduce the amount of money they owe by proving that the injured person was partly responsible for the accident. Having a lawyer to handle negotiations with the insurance company can make the process smoother and increase the chances of receiving fair compensation.
What Kind of Compensation Can Be Recovered in a Negligence Case?
If negligence is proven in a Maryland personal injury case, the injured person might be able to recover several types of compensation. This can include money for medical bills, both past and future, if the injury requires ongoing treatment. Compensation might also cover lost wages if the injured person is unable to work while they recover. In some cases, people can also recover damages for pain and suffering, which is meant to compensate for the emotional and physical impact of the injury.
In more serious cases, where the injury has long-lasting effects, the injured person might receive compensation for loss of future earning capacity. This is meant to cover the loss of income that the person might have earned if they had not been injured. When someone is left with a permanent disability or impairment, this type of compensation can be very important in helping them maintain financial stability.
Verdicts & Settlements
Negligence is at the heart of many personal injury cases in Maryland. Whether it is a car accident, a slip-and-fall incident, or a case of medical malpractice, proving that someone else acted carelessly and caused harm is essential to recovering compensation. But the laws in Maryland, especially the contributory negligence rule, make it very important to approach these cases carefully. Understanding the legal process and working with a lawyer can help ensure that injured people have the best chance of receiving the compensation they deserve.
If you have been injured in an accident and believe that negligence played a role, it is important to speak with a lawyer who can guide you through the process. At Alpert Schreyer, LLC, we have the knowledge and experience needed to help you navigate the complexities of Maryland personal injury law. Contact us today to discuss your case and learn how we can assist you in seeking the compensation you deserve.