For Maryland, “at-fault” claims, like in many other states, individuals that are seeking compensation for car accidents typically must prove the other driver was at fault. However, Maryland also has an additional rule for filing claims, which is called “contributory negligence” – a rule that is favored by insurance companies and at-fault drivers.
THE IMPORTANCE OF “CONTRIBUTORY NEGLIGENCE”
Contributory negligence means that if you took any action that is proved to have contributed to your car accident, you are partially at fault, and you would be barred from recovering compensation from the other driver. In an extreme example, even if you are found to be only 1% at fault in an accident, Maryland’s contributory negligence rule can be applied, and result in no compensation to you, even if the other driver was 99% liable for the accident.
This makes filing liability claims against other drivers particularly difficult, and emphasizes the need for an auto accident lawyer to cover all of your bases when it comes to your liability claim. As of August 2020, only 4 states follow the system of contributory negligence: Alabama, North Carolina, Virginia, and Maryland. Washington D.C. also follows the system of contributory negligence.
More than $50 million recovered for clients.
TYPES OF AUTO ACCIDENT CLAIMS
There are two types of common auto accident claims that an individual in the state of Maryland can pursue: claims for bodily injury, and claims for property damage. Below, we will discuss these claims:
Claims for Bodily Injury
When filing a claim to recover for damages, you are attempting to convince the court that the driver at fault was responsible for physical and/or psychological harm that can be the basis for personal injury claims, as most of the damages occur as a result of injury. These types of damages include:
- Lost Wages (present and future): Lost wages may occur as a result of an injury. If the individual is badly injured, they might be unable to work for weeks, months, and even years. If an individual is unable to work past the date of the trial, “lost future earnings” may be claimed. This means that the individual is so severely injured, they are seeking compensation for future wages that they will lose as a result of not being able to work due to the injury. In Maryland, you may be able to recover benefits or compensation for lost wages or income, even if your employer paid you through sick leave or vacation pay.
- Medical Costs (past and future): When an individual is injured in a car accident, medical costs can add up quickly. The person attempting to recover damages for medical costs may also seek additional compensation for future medical costs, as severe injuries may require future surgeries, as well as rehabilitation services. In Maryland you are typically able to claim or recover the full amount of the bill, even if those bills were covered by health insurance.
- Pain and Suffering: Pain and suffering refers to physical and mental pain an individual may endure after they are involved in a car accident. Injured individuals may claim compensation for physical/emotional trauma that was caused by an accident.
- Scarring/disfigurement: Often when an individual is severely injured, embarrassing scars and disfigurement may occur. In this instance, the individual may claim compensation for such scarring/disfigurement that has led to a loss of quality of life, and embarrassment.
When filing a claim to recover for lost damages, it is best to have an experienced personal injury attorney by your side. An attorney will know how to characterize your particular situation, and prepare for and deal with at fault-drivers and their insurers or counsel attempting to poke holes in your claim.
Claims for Property Damages
Claims for property damage are just as they sound: you are claiming that the individual responsible for the accident is responsible for damaging your physical property, and they should be held responsible to pay for those damages. However, property damages are not simply limited to your vehicle: you may also claim that your property inside the car was damaged, you may be able to claim that the at-fault individual is responsible to pay for your laptop. In appropriate instances, claimants can receive compensation for the diminution in value of their vehicle, even after it was repaired.
The Importance of Professional Representation
In Maryland, where the margin for error is slim due to factors such as the contributory negligence rule, professional legal representation becomes not just beneficial, but can be essential. A Maryland auto accident lawyer’s role extends beyond legal proceedings; they serve as your advocate, presenting your claim in the most favorable light.
These legal experts are adept at presenting a case that meticulously examines all aspects of the accident, skillfully working to ensure that your side of the story is compellingly presented and that any claims of shared fault are appropriately handled.
How Maryland Auto Accident Lawyers Can Help
Maryland auto accident lawyers possess the nuanced understanding of local laws required to navigate the complexities of filing a claim. They can offer comprehensive support including gathering the necessary evidence, representing clients in court and everything in between.
Their expertise is particularly valuable in cases where an at-fault driver or insurer claims contributory negligence. In these cases, the claimant’s ability to secure compensation can hinge on an experienced attorney’s ability to prove the other party’s fault unequivocally.
That’s why having a lawyer with specific expertise in this area can make a significant difference in the outcome of your case.
That’s Where Jezic & Moyse Steps In
With over $50 million recovered for clients, the Law Offices of Jezic & Moyse stand as a testament to the effectiveness of having a knowledgeable Maryland auto accident lawyer by your side.
Whether facing individual or corporate defendants, our team is equipped to provide the robust representation needed to navigate Maryland’s challenging legal landscape and position your case for a favorable outcome.
Contact Our Office
For personalized assistance with your auto accident case in Maryland, don’t hesitate to reach out to us. You can contact us directly at 240-292-7200 or utilize the contact form available on our website for a prompt response.
Understanding the challenges you might be facing during this time, we can offer the convenience of meeting you at your location as appropriate as well as remote meetings in certain circumstances. Additionally, to ensure clear and effective communication, many of our attorneys are multi-lingual. Please inform us of your language preferences when you get in touch.