Maryland is not a no-fault state. In fact, it is one of only four states in the country that follows contributory negligence laws. Therefore, if you are involved in a car accident or other personal injury case and are found to be as little as one percent negligent, you can lose the right to compensation.
After an accident that results in injuries and property damage, accurately assigning fault can be the key to monetary recovery. If you were injured in a negligence-based accident in Maryland, you must present evidence of the other party’s fault and your damages to receive compensation.
How do I Prove the At-Fault Party’s Negligence?
Because lawyers and insurance adjusters were not present when the accident occurred, both sides will rely on evidence to tell them what happened. To tell your story and fight for monetary compensation, our team will compile the following types of evidence:
- Photos and video footage
- Medical records and bills
- Accident or incident reports
- Employment and salary records
- Witness observations and statements
In addition to compiling evidence that supports your right to compensation, we will organize it and present it to the at-fault party. According to American Bar Association (ABA) guidelines, once evidence is presented and discovery is complete, the majority of personal injury cases are settled out of court.
For legal consultation, call (410)777-8960
What Damages Can I Recover After Proving Negligence?
The at-fault party’s negligence entitles you to recover the costs associated with treating your injuries, restoring any damaged property to its pre-accident condition, replacing any destroyed property, and more. Your recoverable damages, according to Maryland Code Courts and Judicial Proceedings § 11-109, could include:
- Injury-related medical expenses
- Injury-related income loss
- Property damage or loss
- Pain and suffering
- Mental distress
- Physical disability or impairment
- Funeral and burial costs, if applicable
Our team will help you understand the difference between economic and non-economic damages. We will also help you assign an accurate value to each category and assess the overall valuation of your personal injury case.
How Much Time do I Have to File a Lawsuit?
The statute of limitations can vary greatly. The type of case determines how much time the state gives you to file a lawsuit against the at-fault party. In Maryland, the following statutes of limitations apply:
- Per Cts. & Jud. Proc. Code § 5-101, the personal injury statute of limitations is generally three years.
- Per Cts. & Jud. Proc. Code § 3-904, the wrongful death statute of limitations is generally three years.
- Per Cts. & Jud. Proc. Code § 5-109, the medical malpractice statute of limitations is generally five years.
With enough notice, our team will ensure the filing deadline is met when representing you. Doing so reduces the risks of an expired deadline and protects your right to seek compensation.
The Benefits of Working with the Law Offices of Adam M. Smallow
Our law firm works with injured clients in their fight for financial compensation. We can work to prove negligence, build your case file, and handle the at-fault party’s insurer for you. While we do all that, you can concentrate on restoring your health. We will also help you:
- Identify and locate the correct at-fault party
- Cite the negligence that entitles you to compensation
- Establish the financial value of your case
- Obtain, complete, and submit paperwork and documents
- Order, read, and review your police report, if applicable
We also make sure you are regularly updated about your case and have access to your lawyer. Our team will fight for a favorable financial settlement and even represent you in court if needed.
Our Team Supports You Throughout Your Recovery
We believe in comprehensive client support. In addition to legal services, our team makes sure you have access to quality medical care providers that we would send our own team members and families to. We also make sure you:
- Understand the compensation process
- Have phone and email access to a team member
- Have a unique text number for easy communication
From the beginning of your case until its resolution, our team wants to support you and your family. We will make sure you can focus on your future by fighting to hold the at-fault party accountable for the financial aftermath of the accident, your injuries, and the expenses that stem from your injuries.
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Put Our Team to Work for You
Were you injured in a negligence-based accident? We can help. Because Maryland is not a no-fault state, our team is ready to help you prove the at-fault party’s liability so you can collect compensation. Contact a personal injury team member at the Law Offices of Adam M. Smallow by calling (410) 777-8960 today for a free consultation.