Personal Injury Law in Maryland

Maryland has a personal injury law that is also applicable to accidents in general. You may suffer some injury at your workplace, due to a car accident or at a public place in which case you would be filing for damages against the state or the local civic body. All personal injury lawsuits are assessed on the basis of the statutes of the state law. Let us explore some of the provisions in the personal injury law of Maryland.

•           The first thing you should know is the deadline for filing lawsuits. In Maryland, you have to file a lawsuit anytime within the first three years from the exact date of the accident. You cannot seek the intervention of a court if three years have passed since your accident. This is regardless of the nature of personal injury suffered. If you need to file formal charges against the state or the local government then you should do so within the first year from the date of the accident or when you suffered the injury. You would still have two more years to file a lawsuit. Filing formal charges is not akin to a lawsuit. It is best to file formal charges as soon as you can, whether against a government agency or an organization, individual or insurance company. This will allow you to negotiate damages and if you are not satisfied with the terms offered, then you can go to court and hence you would have enough time within the permitted span of three years.

•           Maryland has a provision in the personal injury law where there is a shared fault rule. If you have suffered an injury, anywhere and for whatever reason, then your fault or the possibility will be assessed. If you are found to be at fault, regardless of the extent in the context of the accident and the resulting injury, then you would be unable to claim any damage. Let us consider a situation when you were speeding and another car had taken an abrupt turn causing an accident. Since you were driving at a speed higher than the limit permitted on the particular road, you are partly at fault. The other driver may have a much larger role to play in the accident. Yet, you will not be able to claim any damages.

•           Personal injury suffered during a car accident can be taken up with insurance companies. Maryland has fault model of insurance and hence you can file claims for damages with your own insurer. Your insurance company will take the matter up with the insurer of the driver or the car owner that caused your personal injury. It is the responsibility of your insurer to get you the deserving damages.

•          Maryland has caps on personal injury damages. You cannot claim any amount you want. The cap on injury caused by malpractice of a nonmedical nature is $755,000, damage for malpractice of a nonmedical nature causing wrongful death is capped at $1,132,500, medical malpractice damage is capped at $695,000 and wrongful death caused by medical malpractice is capped at $868,750.

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