As anyone who has been involved in one could affirm, the aftermath of a severe accident can often be just as chaotic—if not more so—than the incident itself. Once the proverbial or literal dust settles, an accident victim might find themselves facing extensive medical expenses for potentially life-altering injuries, a host of additional financial losses, and subjective forms of personal harm that could have a greater ultimate impact on them than all their other damages combined.
In this kind of situation, or in any other following an incident resulting from someone else’s negligence, seeking a knowledgeable attorney’s help can be crucial to preserving your right to civil recovery. Once retained, a qualified North Bethesda personal injury lawyer could lend their experience and expertise towards building the strongest possible case on your behalf and tirelessly demanding fair restitution for harm you did not deserve to suffer.
Proving Someone Else at Fault for an Injury
Even if it seems obvious that someone else caused an accident to occur, injured accident victims generally cannot hold another party financially liable for their losses without first proving negligence by that other party. “Negligence,” in the context of civil litigation, has four components, all of which must apply to a particular scenario to allow for recovery by the injured party.
First, the allegedly liable “defendant” must have owed a duty—either explicitly or implicitly—to keep the injured “plaintiff” safe from harm by acting in a reasonable and safe manner. Next, the defendant must have violated their duty by acting in a reckless, careless, or malicious way—for example, by violating a traffic law as a motor vehicle driver, or failing to take ordinary care of property by a landowner.
Perhaps most importantly, the plaintiff must then demonstrate a causal link between the defendant’s unreasonable behavior and an injury sustained by the plaintiff that necessitated attention from a medical professional. Finally, the plaintiff must show proof of their damages, which can include “compensable losses” stemming directly from the injury or injuries they sustained. Assistance from a North Bethesda personal injury attorney is often crucial to collecting and presenting sufficient evidence of negligence in a claim for compensation.
Rules and Restrictions for Personal Injury Litigation
Unfortunately, various legal precedents and state statutes in Maryland make it unusually difficult for personal injury victims to achieve comprehensive recovery. The most significant of these is the “pure contributory negligence” standard that courts apply to civil plaintiffs, under which no plaintiff found partially responsible for their own losses can recover any compensation at all for that particular incident.
In addition, Maryland Code, Courts & Judicial Proceedings §3-2A-09 sets a cap of $890,000 on compensation for non-economic damages stemming from a personal injury, with increases of $15,000 occurring on October 1 each year to make up for inflation. Finally, as a personal injury lawyer in North Bethesda could explain further, MD Code, C&JP §5-101 gives most personal injury plaintiffs three years at most after learning of their injuries to file suit, unless one of a few exceptional circumstances applies.
Learn More from a North Bethesda Personal Injury Attorney
Talking to legal counsel about civil litigation is a big step to take after a serious accident, and you may understandably have questions about how this kind of case works and whether retaining private representation is worth it. In almost every situation, though, getting help from an experienced professional is virtually essential to achieving any kind of civil recovery for a personal injury, let alone the amount you deserve for all your losses.
If you got hurt recently in an accident, a compassionate North Bethesda personal injury lawyer is available to help you recover. Call today to schedule a meeting.