A personal injury can upend your entire life in an instant, forcing you to put future plans on hold and reshape your personal finances in order to pay for the sudden influx of medical expenses and associated personal losses. You could potentially hold the person who caused your accident financially responsible for these losses, but only if you can compel them to do so through private settlement negotiations or establish a strong case against them in civil court.
In either situation, assistance from a Salisbury personal injury lawyer could be essential to protecting your rights and future prospects. Once retained, your dedicated attorney could ensure you understand every option available in your circumstances, work to collect evidence and evaluate damages on your behalf, and help you navigate around legal roadblocks that could keep you from receiving fair compensation.
How State Law Governs Personal Injury Claims
The basic legal principle most personal injury cases are built around is “negligence”—in other words, the idea that a person who causes harm accidentally should bear liability for the repercussions of that harm just as they would if they had caused harm intentionally. In the context of personal injury litigation, negligence has four components—duty of care, breach of duty, direct causation of an injury, and subsequent compensable losses—that must be present for an injured “plaintiff” to have a valid case against an ostensibly liable “defendant.”
However, there are several ways in which Maryland state law limits the rights of plaintiffs to file suit in the interest of protecting the rights of defendants being sued. Most importantly, state courts maintain an uncommonly harsh approach to “contributory fault” by a plaintiff which forbids individuals who are partially to blame for their own injuries from recovering any civil compensation at all for their ensuing losses.
In addition, Maryland Code, Courts & Judicial Proceedings §5-101 only allows prospective plaintiffs three years at most after discovering injuries to file suit over ensuing losses, so that defendants do not have to worry indefinitely about potential litigation. A Salisbury personal injury lawyer could explain these rules in more detail and work to ensure they do not unfairly inhibit recovery efforts.
What Damages Could an Injured Person Recover for?
Assuming there are no issues with contributory negligence or the expiration of filing deadlines, a successful personal injury plaintiff could potentially demand restitution for any form of harm they can trace directly back to their injury. This includes not just objective losses like personal property damage, lost wages, and medical bills, but also subjective forms of “non-economic” harm like physical pain and lost enjoyment of life.
Importantly, though, MD Code, C&JP §3-2A-09 does not allow most personal injury plaintiffs to recover for more than $890,000—as of October 1, 2020—in total economic and non-economic losses. Different caps apply to cases involving medical negligence and/or wrongful death, as a personal injury lawyer in Salisbury could clarify in more detail.
Contact a Salisbury Personal Injury Attorney Today
After any type of serious personal injury, you may have a lot of questions about what your next move should be and how to effectively protect your best interests. Civil litigation is often a good way to recover financially from accident-related losses, but it can also be an intimidating endeavor that is hard to make the best of without guidance from an experienced legal professional.
Working with a knowledgeable Salisbury personal injury lawyer could make all the difference in your odds of achieving a positive case resolution and getting the restitution you need. Call today to learn more.
