What is a personal injury claim?
A personal injury claim is a phase generally used with an accident that includes actions of negligence. A person who is a victim of such an event in Maryland can file a lawsuit against the other party in the court and ask for compensation of his damages. Personal injury cases include medical malpractice, vehicle accident, construction defects, etc. If you have suffered a personal injury due to the actions of another party, you should consult with a personal injury attorney to discuss how to recover any losses you may have incurred.
Statute of limitations
As with every other state, Maryland has set a deadline during which an injured can file a lawsuit for a personal injury claim. This time frame is THEE YEARS in Maryland. It is vital for the injured to keep this timeline in mind as if he fails to file the case within three years of time, the court will refuse to listen to his appeal. Some more points to consider are:
- The statute of limitations start from the day when the injury had happened
- If the injury is discovered later after the accident, the time starts from the date when the injury is discovered
Motor vehicle insurance claims in Maryland
Maryland is a ‘fault’ insurance coverage state. This means that the driver is legally blamed for the injuries caused by the crash in a vehicle accident. The injured person may seek compensation by following one of these options:
- File a lawsuit under his or her own insurance car policy
- File a claim against the driver who is at fault in the accident
- File a claim through the insurer of other driver’s car insurance company
Comparative fault rules of Maryland
In a personal injury cases, the injured often is found to be sharing some percentage of total fault. In such cases, Maryland laws apply contributory negligence–a harsh policy followed by Maryland. In this rule the injured is barred from collecting any compensation if he is found to be at fault in the accident.
For EXAMPLE, imagine you are driving and you decide to go over a red signal. When you cross, a car which is over speeding hits you in the side. The driver is at fault since he was out of speed limits. But, you are also at fault as you did not obey the traffic lights. As a result your compensation will be neglected and you won’t get any money due to your own fault.
Real personal injury example
According to a dcmetroinjurylaw.com case study, a client was injured while going to the deli to purchase food. She slipped on water and suffered severe knee injury. Lawyer Alan, litigated the case ended it in the favor of injured with a settlement money of a total of $52,000 as sum of medical bills, pain and suffering and lost wages.
In Maryland, the damage caps generally apply to all types of injury cases. These caps change on October 1 of every year. The general caps for a particular year (2012) are as follows:
- $695,000 limit on medical malpractice in an event
- $755,000 on medical mal practice injuries in an event
- $868, 750 on wrongful deaths arising from medical malpractice with two more that one beneficiaries
- $1,132,500 cap on wrongful death claims arising from non-medical malpractice with more than one beneficiaries