Were you injured due to someone else’s carelessness in Maryland? Understanding your rights is essential. If you’ve been hurt, you may be entitled to compensation for your injuries. Navigating a legal claim can be complex, but with the right guidance, you can take the necessary steps to protect your interests and pursue a fair outcome.
Understanding Maryland’s Negligence Law
Maryland follows a strict contributory negligence rule. This means if you’re even 1% at fault for your injury, you cannot recover any compensation. Maryland adopted this “all or nothing” rule in the 1800s. While the law is often criticized as harsh, it remains the law. Most states use a more modern “comparative negligence” approach, but Maryland’s stricter rule makes having an experienced lawyer crucial for your case.
The state also sets strict deadlines, known as statutes of limitation, for filing claims. You typically have three years from the date of your injury to file a lawsuit. Missing this deadline could prevent you from getting compensation.
Defining Negligence: Four Elements To Know
Maryland law breaks down negligence into four main parts: duty of care, breach of duty, injury, and causation. You need to prove all four parts to win your case. We’ll look at each one in this piece. Think of these elements as links in a chain. If one link breaks, your whole case could fall apart. Your lawyer will help you prove each element.
What’s a Duty Of Care, and When Does Someone Have It?
A duty of care means people must act safely to avoid hurting others. The Cornell Law School Legal Information Institute explains that this duty applies in many situations. In Maryland, examples include:
- Store owners keeping floors safe
- Drivers following traffic laws
- Doctors providing proper care
- Property owners fixing hazards
- Product makers ensuring safety
These rules protect everyone. They apply whenever someone’s actions could affect others.
What Does It Mean to Breach a Duty of Care?
A breach happens when someone fails to meet their safety obligations. Common breaches include:
- Ignoring safety rules
- Not fixing known problems
- Failing to warn of dangers
- Acting carelessly
- Skipping required maintenance
These actions put others at risk. Evidence like photos, witnesses, and reports can prove these breaches. Each type of evidence makes your case stronger. We know how to gather and use this evidence effectively.
What Is an “Injury” For The Purposes of a Negligence Claim?
Injuries in legal cases cover more than just physical harm. They include:
- Medical expenses (current and future)
- Lost wages and earning capacity
- Property damage
- Physical pain and suffering
- Mental and emotional distress
- Life quality changes
- Therapy and rehabilitation
- Out-of-pocket expenses
Keep all bills and records of your losses. Write down how the incident affects your daily life. Insurance companies often try to pay less than you deserve. Good records help us fight for fair payment.
What’s Causation in a Negligence Claim, and Why Is It Important?
Causation means proving someone’s actions caused your injuries. We use several types of proof:
- Expert analysis and testimony
- Doctor statements and opinions
- Detailed medical records
- Witness statements
- Official incident reports
- Injury documentation
- Video or photo evidence
- Timeline reconstruction
We must show the other party’s negligent actions led to your injuries. This link between cause and effect is crucial for your case. Sometimes, injuries take days to show up. See a doctor right away to document all your injuries.
What To Do Right After an Injury
Your actions right after an incident can affect your legal case. Take these important steps:
- Document the scene with photos
- Get contact info from witnesses
- See a doctor, even for minor pain
- Write down what you remember
- Don’t talk to insurance companies
- Save all accident-related items
Following these steps helps protect your rights. Keep all documents in one safe place.
Dealing With Insurance Companies
After an injury caused by negligence, insurance adjusters may contact you quickly. Remember these key points:
- They work for the insurance company, not you
- Early settlement offers are often too low
- Your statements can affect your claim
- You don’t have to give a recorded statement
- Let your lawyer handle communications
Insurance adjusters may seem friendly, but their job is to save their company money. Let us protect your interests when dealing with them.
Hire a Lawyer to Make Proving Negligence Easier
Filing a negligence claim in Maryland involves many legal steps. A Maryland personal injury lawyer can help by:
- Investigating the incident thoroughly
- Finding and preserving key evidence
- Dealing with insurance companies
- Working with medical experts
- Calculating your total losses
- Taking your case to court if needed
- Meeting all legal deadlines
- Protecting your rights
Don’t handle your claim alone; contact us today at (301) 932-9997.