Sustaining an injury in an accident often raises questions about the severity of the harm and whether it warrants legal action. Maryland personal injury law offers a path for victims to pursue the justice they are entitled to. Continue reading to learn what constitutes a valid case in Maryland and how a determined Prince George’s County Personal Injury Attorney can assist you.
What is the Serious Injury Threshold in MD?
In Maryland, a personal injury claim can be filed for any physical or emotional harm resulting from another’s negligence. Unlike some states, there is no minimum severity or legal definition of a “serious injury” required to initiate a lawsuit. For a valid case, you will need to establish liability and damages. To establish liability for an accident, you must prove the following four elements:
- Duty of care: The defendant had a legal obligation to exercise reasonable care in order to prevent any potential harm.
- Breach of duty: The defendant failed to exercise reasonable care.
- Causation: The defendant’s breach of duty was the direct cause of your injury and damages.
- Damages: You need to show that you suffered actual harm or losses as a result of the defendant’s negligence.
Damages are not limited to your physical injuries. You can typically seek compensation for your economic and non-economic damages. Economic damages refer to your quantifiable financial losses, like medical expenses, lost income, or property damage. Non-economic damages, on the other hand, refer to the intangible effects of the injury.
It should be noted that Maryland is a strict contributory negligence state, meaning you can face the absolute bar of recovery if you were even just 1% at fault for the accident. However, there are certain exceptions, like the “last clear chance” doctrine.
What is the Cap on Pain and Suffering in MD?
Even for cases only involving minor injuries, a valid case simply requires proof that the defendant’s negligence caused you to suffer damages. While there is no minimum severity for a valid case, there is a cap on damages, which limits the amount of monetary damages that can be awarded for pain and suffering. This cap can affect the value of your claim. It’s important to understand that the cap is not determined by when the lawsuit is filed, but rather when the injury or death occurred. Even if the jury verdict includes a substantial amount for non-economic damages, a judge must reduce the award to the limit of the applicable cap.
For more information, please don’t hesitate to contact an attorney at McCarthy, Winkelman, & Mester, L.L.P.
