Many are unaware of how complicated personal injury cases can be. They are not always as cut and dry as filing a claim and receiving a check in the mail. This is especially true when there is uncertainty around who is responsible for the accident that caused injuries. It’s important to understand what negligence statute Maryland follows so you can best prepare for your case. The following blog explores what you should know about these matters and why it’s in your best interest to connect with personal injury attorneys in Baltimore County who can assist you through these matters.
What Negligence Statute Does Maryland Follow?
In the United States, there are typically two negligence statutes states will follow when determining personal injury cases. The first is a comparative negligence model. Essentially, this allows a victim to recover compensation for an injury endured even if they were partially negligent. However, their compensation will be reduced by their percentage of fault in the accident. Typically, states will impose a 50% or 51% rule, in which someone cannot recover compensation if they are half or more than half responsible. Some states adhere to pure comparative negligence, which allows the victim to recover compensation regardless of how much they contributed to the accident.
Maryland, however, is one of few states that still adheres to a contributory negligence statute. Essentially, this means that if a victim is found partially negligent in the accident that caused their injuries, they will be barred from recovering compensation. This is true even if they are found just 1% responsible for the injuries sustained.
How Will This Impact My Case?
As you can see, the negligence statute Maryland adheres to can have a significant impact on the outcome of your case, which is why it’s imperative to understand the steps you must take after an accident. At the scene of the accident, you should not say anything that can be twisted as assuming responsibility for the collision. This includes apologizing.
Generally, the most important thing you should do is seek medical treatment. Unfortunately, if you delay medical care for any reason, the defense can claim you failed to mitigate harm by not going to the doctor, thus making your injuries worse, and therefore deeming you liable for the damages.
Additionally, it’s in your best interest to connect with an experienced attorney as soon as possible. They can help collect evidence to show that you were not negligent in the collision. Similarly, working with an attorney can help you file a claim with the negligent party’s insurance. This is crucial to ensuring you do not include anything that could hurt your case.
Unfortunately, this law in Mayland can make it challenging for victims to recover the compensation they deserve. That’s why it’s critical to connect with an experienced attorney from the Law Offices of Markey & Orsi. We understand how nerve-wracking it can be to know that one mistake can result in you losing thousands in compensation, which is why we are here to help. Contact our firm today to schedule a free consultation with a member of our team.
