How Contributory Negligence Affects Baltimore Personal Injury Claims
Motor vehicle collisions, trips or falls, and other accidents can leave you suffering serious personal injuries in Baltimore. In the aftermath, it is natural to assume the at-fault party will pay for your losses. However, while that may be true in other states, Maryland law works very differently.
A legal rule called contributory negligence can strip away your right to compensation, even if you were only slightly at fault. Understanding how this rule works could be the most important step you take after a Baltimore accident. Our experienced Maryland personal injury lawyers explain what you need to know and how to protect your rights in a claim.
Maryland’s Strict Contributory Negligence Rule
Maryland is one of only a handful of jurisdictions (along with Alabama, North Carolina, Virginia, and Washington, D.C.) that rely on contributory negligence, which works on a strict “all or nothing” basis. It means that an injured person who is even one percent at fault for their injury may be completely barred from recovering any damages, even if the other party was 99 percent responsible.
This doctrine applies across a wide range of Baltimore personal injury cases, including:
- Car, truck, and motorcycle accidents;
- Pedestrian and bike accident claims;
- Slip and fall injuries;
- Dog bites;
- Getting struck by or against objects in public places;
- Medical malpractice claims.
Unfortunately, insurers frequently use contributory negligence as a reason to dispute and deny Baltimore personal injury claims.
How to Protect Your Baltimore Personal Injury Claim
As any sign of partial fault can end your case, the steps you take immediately after a Baltimore accident matter enormously. Insurance adjusters begin looking for evidence that you were negligent the moment a claim is filed.
A claims adjuster may casually ask questions like, “Was there any way for you to avoid the accident?” or “What would you have done differently?” These questions focus on your conduct, not the other party’s negligence.
In addition to using caution in what you say to insurers, take these additional steps to protect your rights in a Baltimore personal injury claim:
- Call law enforcement immediately and get an official report.
- Photograph the scene, any dangerous conditions, and your injuries.
- Get contact info for witnesses at the scene.
- Seek medical treatment as soon as possible, as gaps in care can be used against you.
- Keep all damaged property and physical evidence intact.
- Get professional legal help before giving any recorded statements.
While Maryland’s statute of limitations in personal injury cases is three years, it’s important to act quickly to protect evidence and your rights to compensation.
Schedule a Consultation Today With Our Experienced Baltimore Personal Injury Lawyers
Contributory negligence makes Baltimore personal injury claims more challenging. One missed detail or offhand comment can cost you everything. At Maryland Injury Lawyers, we protect the rights of victims.
While you focus on your recovery, we focus on building a thorough, evidence-driven case. To get the full amount of compensation you deserve, call or contact our office online. Schedule a consultation today with our experienced Baltimore personal injury lawyers.
Sources:
dls.maryland.gov/pubs/prod/CourtCrimCivil/Negligence-Systems.pdf
mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj§ion=5-109
