It can be very difficult to prevail in a Maryland personal injury claim, especially if you try to file a claim on your own. This is because Maryland follows a strict contributory negligence system. Therefore, if you are even 1% responsible for the injuries you sustain in an accident, you generally will not be entitled to compensation. It doesn't matter that the other side could be 99% responsible.
Your best bet is to seek medical treatment immediately after an accident and then consult with a personal injury lawyer in Annapolis, Maryland. Your attorney will go over the details of your Maryland personal injury claim, determine issues of negligence, and perhaps help you prepare a solid case.
A Close Look at Contributory Negligence in Maryland
Maryland, along with Virginia, Alabama, North Carolina, and Washington, D.C., follows contributory negligence as opposed to comparative negligence. Under comparative negligence, if each side contributed to an accident, compensation could still be awarded. For example, if you were 20% at fault and your reward was $10,000, it would be reduced by 20% and you would receive $8,000.
Under contributory negligence, injured victims filing a Maryland personal injury claim face tough challenges. Recovery is typically barred if you contributed in any way to your injuries.
However, there is the last clear chance doctrine. With this doctrine, an accident victim who would be barred from recovering damages under the contributory negligence system could recover damages if the defendant had the last chance to avoid the accident.
In other words, if you and the defendant contributed to the accident, but the defendant had the opportunity to take action and prevent the accident at the last minute, but didn't, you would be entitled to compensation.
To get your Maryland personal injury claim to the point where a settlement will be offered, you should have a personal injury lawyer in Annapolis, Maryland, handle your claim.
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