Understanding Comparative Negligence in Maryland Personal Injury Claims
If you are in an accident, you may be entitled to compensation if others are at fault. What happens if you share some of the blame? In most states, injury victims can still recover compensation even if they were partially responsible. However, Maryland follows a stricter rule.
Known as contributory negligence, it can have a major impact on your claim. Our Maryland personal injury attorneys explain what you need to know about how this law works.
Contributory Negligence In Maryland: How It Differs from Comparative Negligence?
Personal injuries in Maryland often happen due to motor vehicle crashes, falls, or other types of accidents. When others are to blame, you can hold them liable for your losses.
Most states follow comparative negligence rules when it comes to filing a claim, which means injury victims may be able to recover compensation even if they’re partially to blame. Maryland, however, is one of just a handful of states that follow the pure contributory negligence rule. Under this standard, if you are determined to be even one percent at fault, you may be barred from recovery.
Comparative negligence applies to all types of Maryland personal injury claims, which makes it especially important to have strong legal representation to prove that you were not at fault or to minimize the appearance of contributory negligence in your case.
How to Protect Your Rights In A Maryland Personal Injury Claim When Fault Is Disputed
When accidents happen due to the reckless behavior of others, you may be entitled to compensation either through insurance companies involved or by filing a personal injury lawsuit through the Maryland court system. However, because of Maryland’s strict contributory negligence rule, claims are often denied due to accusations that the victim contributed to the accident.
Something as simple as not paying attention to warning signs or glancing at your phone while driving could be used against you. We recommend following these tips to protect your rights and strengthen your Maryland personal injury claim:
- Get a police report or official documentation describing the accident.
- Avoid making any statements that suggest partial blame, even casually.
- Gather evidence, such as witness information and photos of the scene and your injuries.
- Follow medical advice closely, as gaps in treatment can be used to question your credibility.
- Work with an experienced Maryland personal injury attorney who can review what happened, advise you on how the law applies, manage communication with insurers, and represent you in court, if needed.
To Consult Our Experienced Maryland Personal Injury Attorneys, Contact Our Office Today
Maryland’s contributory negligence rule makes filing a personal injury claim more challenging. At Berman | Sobin | Gross LLP, we protect the rights of victims and take the actions needed to build the strongest possible cases.
Get the compensation you need to recover. To consult our experienced Maryland personal injury attorneys, contact our office today.
Sources:
dls.maryland.gov/pubs/prod/CourtCrimCivil/Negligence-Systems.pdf
courts.state.md.us/district
