Maryland Personal Injury Lawsuit
Who is Eligible to File a Lawsuit?
With evidence to show someone else’s negligence caused injuries and resulting expenses, you can file a lawsuit over a personal injury. Determining if you have evidence and a strong enough case to pursue is best left to the experts.
Most Maryland personal injury lawyers offer free initial consultations. This gives you the chance to talk to a legal expert to get your questions answered and your case evaluated at no cost. You can then determine the best next step to take.
What is the Statute of Limitations in Maryland?
The statute of limitations on Maryland personal injury lawsuits is three years. This means that you have three years from the time of the incident or when you sustained injuries to file. If you miss this deadline, the court will probably throw out your case.
How Do I File and Proceed with a Maryland Personal Injury Lawsuit?
Your lawyer will guide you through this process. It’s possible to sue without legal representation but not recommended. Before you get into a lawsuit, it helps to have a basic understanding of what will happen:
- Your lawyer files a complaint. Once you have selected a lawyer to represent you, they will file the complaint to notify the defendants and the courts. The complaint includes your allegations and what you’re seeking with the lawsuit.
- Both sides engage in discovery. With the complaint filed, your lawyer and the legal team for the defendants begin a discovery period. They will investigate the incident and collect evidence to build a case. This includes holding depositions and sharing information as well.
- Your lawyer will try for a settlement. A settlement is the fastest way to get compensation. Your lawyer will try to negotiate with the defendants for a fair amount. If you are not happy with the amount or refuse to settle, you can take the case to court.
- Your lawyer argues in front of a jury. In court, your lawyer will present evidence and expert and witness testimony to convince a jury that the defendants are negligent for your injuries and liable for damages.
- You may have to fight an appeal. If you win a jury verdict, the defendants may appeal the decision. A higher Maryland court will then have to uphold or overturn it. Your lawyer will continue to try to prove the defendants owe you damages.
How Will My Lawyer Prove Negligence and Liability?
In Maryland, as in other states, proving negligence and liability for damages requires evidence. Your lawyer must show that the defendant breached a legal duty, which resulted in your injuries and expenses. For instance, a car accident video of the defendant running a red light before striking your vehicle would show they breached the legal duty to follow traffic laws.
How Much Can I Recover from a Maryland Personal Injury Lawsuit?
Damages in a personal injury lawsuit depend on the unique factors of the case. Your lawyer will look at all the factors in play and determine a fair amount to seek in a settlement or jury verdict. These include:
- Your medical bills and expected future medical costs
- The extent of your injuries
- Any permanent harm, such as a disability or disfigurement
- Emotional distress, trauma, pain, and other non-economic factors
- Lost wages or reduced ability to earn a living
In Maryland, the law regarding damages also affects how much you can recover. The state follows a strict rule for contributory negligence. If the defendants prove you had any degree of blame in the incident, the court can reduce your damages to zero.
Examples of Personal Injury Lawsuits from Maryland
Examples of cases in the state can give you an idea of the possibilities when filing a personal injury lawsuit. These cases showcase the various reasons people take legal action and what the outcomes can be:
- In 2019, a jury awarded Erica Byrom a record verdict of $229 million for a birth injury. Her daughter suffered significant brain damage and now has severe disabilities because of medical negligence. The staff of Johns Hopkins Bayview, her lawyers argued, made mistakes in the prognosis of the baby’s complications, which led Byrom to reject an emergency C-section.[1]
- Negligence can unfortunately lead to wrongful death, as was the case when a police officer in Prince George’s County shot an unarmed, handcuffed man. William Howard Green died from the gunshot wounds. His family settled with the county for $20 million.[2]
- In another wrongful death case, the University of Maryland agreed to settle with the family of football player Jordan McNair for $3.5 million. McNair suffered heatstroke and died during a practice session in 2018. His family’s legal team argued that the school was negligent in failing to assess his vital signs and provide adequate cooling.[3]
- In 2015, a Baltimore police officer ran a red light and struck the vehicle of a woman who ended up with significant injuries. She settled with the city for $65,000 to cover her expenses.[4]
These and other cases in Maryland show the serious consequences of thoughtless mistakes and negligence. If you have been harmed by negligence, contact a Maryland personal injury lawyer to discuss your options or file a lawsuit.