No one who has gotten hurt in any kind of accident needs to be reminded of how painful the injuries from a traumatic incident can be, nor of how much those injuries can impact their financial security and future plans. What you may not know, however, is that you could possibly recover compensation for those losses by demanding a settlement from or filing a lawsuit against the person responsible for causing them.
Civil litigation is far from a simple endeavor in the State of Maryland, so you should think twice before proceeding with a claim without help from an Aberdeen personal injury lawyer. A knowledgeable attorney who is familiar with cases just like yours could work relentlessly on your behalf to demand fair restitution for your damages while also minimizing the impact of unique state laws that can make comprehensive civil recovery difficult to achieve.
Establishing Negligence and Recovering for Damages
While there are a few special varieties of personal injury claims that can be built around strict liability for injuries, most such lawsuits involve an injured plaintiff accusing a defendant of legal negligence. There are four components to negligence as it is defined under state civil law—duty, breach, causation, and compensable losses—and all of them must be present for a personal injury victim to have grounds for a claim.
First, a plaintiff must show the defendant in their case owed them a responsibility—or “duty”—to act in a reasonable and safe manner around them, and that the defendant subsequently “breached” this duty by doing something careless or reckless. Next, the plaintiff must prove “causation,” meaning that they must demonstrate their accident would not have occurred but for the defendant’s breach of duty causing it.
Finally, the plaintiff must prove they suffered compensable losses as a direct consequence of their accident, and that those damages did not stem primarily from pre-existing or subsequent conditions. Through a successful claim, an Aberdeen personal injury attorney could help a plaintiff pursue restitution for physical pain, medical bills, lost enjoyment of life, lost wages or benefits, damaged property, and more.
The Possible Impact of Contributory Negligence
Beyond just proving that someone else is expressly to blame for their accident, a personal injury plaintiff in Aberdeen must also be able to disprove allegations of contributory fault made against the injured party. This is even more important in Maryland than it is in other states, as state civil courts here still follow a harsh system of “pure contributory negligence” when ruling on personal injury claims.
Unlike modified or pure comparative fault systems, Maryland’s approach to plaintiff liability forbids plaintiffs from recovering anything if they are even one percent to blame for any element of their accident. Because of the immense consequences that a finding of plaintiff fault can have on their prospects of recovery, it can be crucial to seek representation from a personal injury lawyer in Aberdeen as soon as possible after an accident occurs.
Speak with an Aberdeen Personal Injury Attorney About Legal Options
Unfortunately, Maryland state law is fairly unfriendly to personal injury plaintiffs, especially those that do not have help from a skilled legal representative. If you want to have a fair chance at getting the compensation you need for your accident-related losses, retaining a personal injury attorney may be a virtual necessity.
Once hired, though, an Aberdeen personal injury lawyer could lend their experience and expertise to turning the odds in your favor and achieving a positive case result. Call today to schedule a meeting.
