Maryland law can be challenging for those seeking compensation for injuries they have sustained in an accident. At the Law Offices of Adam M. Smallow, we want you to focus on healing while our personal injury lawyers take care of your case, from advising you on your options to negotiating with insurance companies to going to trial if need be.
If you were hurt in an accident caused by another party’s negligence, a Jarrettsville personal injury lawyer from our firm may be able to represent you on a contingency-fee basis, where we do not charge attorney fees unless and until you recover compensation in a settlement offer or court award.
The Law Offices of Adam M. Smallow handles a wide range of personal injury cases, including:
- Car, truck, and motorcycle accidents
- Boating accidents
- Premises liability
- Medical malpractice
- Wrongful death
For these or any other types of accidents where you believe a negligent party was at fault, call the Law Offices of Adam M. Smallow today at (410) 777-8960. A member of our team is standing by to provide you with a free, no-obligation consultation on your case.
Negligence in Maryland
Injury lawsuits are usually based on negligence—in other words, that another party failed in their responsibility, which led to your injury. There are four basic elements that go into proving negligence:
- Duty of care: plaintiffs typically must show that the defendant owed them a duty of care, meaning the defendant had a responsibility to exercise reasonable care in a situation that could cause harm—which could be anything from driving to a freshly mopped floor.
- Breach of duty: plaintiffs typically must then prove the defendant failed in their obligation.
- Cause of harm: plaintiffs may then have to demonstrate that the defendant’s failure directly led to their injuries.
- Damages: finally, plaintiffs may need to establish that they suffered a loss because of their injuries. This loss could include medical expenses and time out of work as well as less tangible things like pain and suffering.
For legal consultation with a personal injury attorney in Jarrettsville, call (410)777-8960
Maryland’s Contributory Negligence System
Most states use what is called a “comparative fault” standard in assessing compensation in negligence cases. Under the comparative fault standard, if you are 20% responsible for the incident that caused your injuries, your compensation is reduced by 20%.
Maryland, however, is one of just four states plus Washington, D.C. that uses the “contributory negligence” standard for personal injury cases.
With contributory negligence, should the defendant prove that a plaintiff is 1% at fault for the incident that led to an injury, the plaintiff may be unable to recover anything. In practical terms, this means that if a driver runs a stop sign and slams into you, but their insurance company shows you were driving over the speed limit, you may be barred from recovering compensation.
When you work with a Jarrettsville personal injury lawyer from the Law Offices of Adam M. Smallow on your case, we can investigate your accident and collect evidence of the full extent of the responsible party’s liability.
To learn more about how contributory negligence might affect your case, call the Law Offices of Adam M. Smallow at (410) 777-8960 today to speak with a representative of our firm.
Jarrettsville Personal Injury Attorney (410)777-8960
Car Insurance Liability in Maryland
Another potential complication for Maryland motorists who have been injured in traffic accidents is that Maryland does not require drivers to carry personal injury protection (PIP) insurance. PIP may cover medical expenses after an accident regardless of fault. If a driver did not purchase optional PIP coverage on their insurance policy, they may have to pursue the responsible driver’s liability coverage to receive compensation.
Once drivers file claims against the other party’s insurance company, potential settlements can be constrained by the amount of insurance coverage the other person has. The minimum liability coverage requirements in Maryland are $30,000 per person and $60,000 per accident in bodily injury liability (BIL) coverage and $15,000 in property damage liability (PDL) coverage. Maryland also required drivers to carry uninsured/underinsured (UIM) coverage of equal values.
If your car accident damages exceed the limits of the responsible party’s liability coverage and your own UIM coverage, the Law Offices of Adam M. Smallow may be able to help you pursue further compensation from the at-fault driver in a personal injury lawsuit. However, it is important to note that, per Maryland Courts and Judicial Proceedings § 5–101, Maryland has a general three-year statute of limitations on personal injury lawsuits. If you wait too long and allow this deadline to pass before taking legal action, you could lose your right to recover compensation for your damages via a lawsuit.
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Recoverable Damages in a Personal Injury Case
Depending on your accident and your injuries, you may be able to recover compensation for the following damages in a personal injury case:
- All current and future medical care for your accident-related injuries
- Lost earnings for the time the injuries forced you to miss work
- Property damage
- Pain and suffering, physical impairment, disfigurement, and other non-economic damages
The Law Offices of Adam M. Smallow can evaluate your damages and produce evidence of their value when we represent you.
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How the Law Offices of Adam M. Smallow Can Help You
If you have sustained an injury as a result of an accident, a Jarrettsville personal injury lawyer at the Law Offices of Adam M. Smallow may be able to help you recover compensation in an insurance claim or lawsuit. We can also manage all communications, deadlines, and paperwork in your case when we represent you, so you can dedicate your time and energy to your recovery.
Call the Law Offices of Adam M. Smallow today at (410) 777-8960 for a free consultation on your case with a member of our team. We take personal injury cases on a contingency-fee basis with no up-front payments required.
Call or text (410)777-8960 or complete a Free Case Evaluation form