Queen Anne’s County Personal Injury Lawyer
In a tort action, personal injury refers to the harm inflicted upon a person due to another’s negligent or wrongful conduct, resulting in damage done to the person’s mental or physical well-being. Though there are numerous ways in which a person may incur such injuries, remedying such harm generally occurs in the form of filing a personal injury claim against the at-fault party for monetary damages.
If you or someone close to you was recently injured in an accident or incident resulting from another’s negligence, you or your loved one could seek to recover compensation from them with the help of an experienced attorney. A Queen Anne’s County personal injury lawyer could work to ensure you receive the financial compensation you deserve for the losses you sustained due to your injuries.
What to Expect When Filing a Civil Injury Claim
When an injured party files a personal injury lawsuit to pursue their claim and seek to recover monetary damages, there may be some misunderstanding as to what the process entails and what it will take for the injured party to succeed. This is why it is crucial for those contemplating filing a personal injury claim against another to consider all facets of the process before proceeding.
Typically, the process to file and pursue a personal injury claim takes anywhere from eight to twelve months but may take more or less time to complete, and varies on a case-by-case basis. The steps the plaintiff in a personal injury claim will generally take throughout the filing process are as follows:
- The hiring of an attorney
- Investigation of the case
- Compilation of a demand package
- Settlement or negotiation of case
- Filing of a lawsuit
Once a lawsuit is filed, there are additional steps that a plaintiff may need to take, which caninclude entering into mediation, i.e., pre-trial negotiations, to try and settle the claim before going to trial. If the parties are unable to settle and the lawsuit goes to trial, the time and costs affiliated with taking a lawsuit to trial can increase exorbitantly. Speaking with a knowledgeable personal injury attorney can help a plaintiff determine whether a claim is worth going to trial over or if the claim may be amicably settled before reaching that stage.
Maryland Laws That Can Affect a Personal Injury Case
Those filing a personal injury claim in Queen’s Anne County should keep in mind that Maryland is one of only four states along with the District of Columbia that adheres to a pure contributory negligence standard. The state’s contributory negligence rule is known as the Maryland Uniform Contribution Among Joint Tort-Feasors Act and is codified at Md. Code Ann., Cts. & Jud. Proc. § 3-1400. Under Md. Code Ann., Cts. & Jud. Proc. § 3-1402 of this rule, if a plaintiff contributes to their injuries in any possible way, even if their portion of the fault is as negligible as one percent, the court will bar them from recovery entirely.
Another statute that may impact the recovery of compensation in a personal injury claim is the cap Maryland places on non-economic damage awards under Md. Code Ann., Cts. & Jud. Proc. § 11-108. Non-economic damages are recoverable for non-monetary and unquantifiable losses, e.g., pain and suffering, emotional distress, and loss of consortium (i.e., the deprivation of benefits received from familial or romantic relationships due to injuries resulting from another’s tortious conduct). In Maryland, plaintiffs’ recovery of non-economic damages caps out at $890,000 in most, but not all personal injury claims (e.g., medical malpractice or wrongful death cases).
Work with a Skilled Queen Anne’s County Personal Injury Lawyer Today
When an accidental injury occurs, there is plenty that the injured party must consider when deciding to file a personal injury claim against the wrongdoer. In addition to the timing restrictions they may face when filing a claim, there may also be restrictions imposed on the compensation amount they may be awarded.
If you are struggling to decide whether to file a personal injury claim to seek financial compensation for your losses, an experienced attorney can help you make that decision. Call today to speak with a Queen Anne’s County personal injury lawyer to learn what the best course of action may be for your case.
