Maryland’s liability law is flat out awful. We are only one of four states in our country out of 50 four states plus Washington, D.C., that has a law called contributory negligence. The rest of the country has something called comparative negligence. But in Maryland, we have contributory negligence. And what that means is, if you are 0.001% at fault for your accident, I can’t even tell you what that means in common sense. I tell my clients that’s, waking up and getting dressed and getting out the door where you live. That’s just starting your day. If your point is zero zero 1% at fault, you can be barred from any compensation in the beginning with the insurance companies and their claims adjusters all the way to trial with the judge or jury. Zero. If the insurance company or judge or jury determines that your contributory negligence, it is a harsh, harsh liability law.
It feels like as a personal lawyer in Maryland, we have one hand tied behind our backs at all times because it’s such a restrictive liability law. But in spite of it, that’s the law, and it’s not changing anytime soon. In many ways, Maryland’s contributory negligence law has made us a better law firm because we’re prepared for trial for day one. We know all the obstacles, we know the laws, we know the bad faith tactics of the insurance companies. So we just know at the very beginning that we have to have a plan in place to make sure that you get the care they need, and your case is settled for maximum compensation. You can’t wait until the middle, and you certainly can’t wait until the end to decide how you’re going to work these cases in Maryland on behalf of your clients. And a big part of that is the contributory negligence law.
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Adam Smallow Injury Lawyers