Understanding Negligence Laws in MarylandSeptember 17, 2019
An individual is typically considered negligent if they failed to exercise proper duty of care. Typically, this breach leads to another individual’s injury, illness, or fatality.
Common negligent driving behaviors include:
These actions are considered negligent because the driver is not taking proper care while on the road. These reckless behaviors put the driver and others at risk.
For an offender to be considered negligent, the victim must prove that the offender’s actions led to their injury, illness, or death. There must be proof that the offender had a legal obligation to act in a manner that prevents injuries or fatalities from occurring. Once it is proven that the offender breached this duty, the victim must prove that their injuries are correlated to the breach and they experienced some sort of loss from the injury, illness, or fatality.
Maryland’s Statute of Limitations
Each state has their own unique statute of limitations on personal injury cases. Statute of limitations prevents an individual from taking legal action after a designated period following an accident. In Maryland, personal injury victims only have three years to file a claim after an accident has occurred.
Due to the short statute of limitations, personal injury victims are encouraged to file a claim immediately following an accident. This is an important step, even if the victim only intends on filing an insurance claim. Immediately filing a claim prevents the statute of limitations from interfering with a case that escalates to court.
When a victim shares fault for an accident, it is referred to as contributory negligence. Many individuals believe that Maryland’s laws regarding contributory negligence are severe because they prevent a personal injury victim from collecting any damages, even if they were only partially responsible for the accident.
Limits on Damages
Each state often has limits on the amount of money a victim receives from a liable party. This limit might be specialized to certain injury cases, depending on the state’s laws. In Maryland, there are limitations on non-economic damages in all injury cases.
Baltimore Car Accident Lawyers at LeViness, Tolzman & Hamilton Help Car Accident Victims
If a motor vehicle accident affected you or a loved one, please consider contacting a Baltimore car accident lawyer at LeViness, Tolzman & Hamilton. Our lawyers work with proficiency to obtain the best possible legal outcome. If you are interested in speaking to one of our lawyers, contact us online or call us at 800-547-4LAW (4529) for a free consultation today.
Our offices are located in Baltimore, Columbia, Glen Burnie, and Towson, allowing us to represent accident victims in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.