Winning a personal injury case hinges on proving another partyās negligence caused the accident. But in many situations, fault is not always clear-cut. Sometimes, the involved parties share responsibility for the incident. In these cases, state laws dictate how fault is apportioned and how it affects the injured partyās compensation.
Marylandās contributory negligence law can severely impact a victimās ability to secure compensation after an accident. It is perhaps the most important reason to hire a personal injury lawyer if youāve been hurt.
What Is Contributory Negligence?
Contributory negligence is a legal doctrine Maryland uses to determine damages in personal injury cases. Under the contributory negligence rule, victims cannot recover compensation for their losses if they share any responsibility for the accident that harmed them. If they are even one percent at fault, the law bars them from obtaining money.
Maryland is one of only four states and the District of Columbia to use contributory negligence to decide compensation in personal injury cases. Most other states use a comparative negligence standard, which allows victims to recover compensation in proportion to the percentage of fault they have for the accident. Contributory negligence is a much stricter standard, making it harder for injured victims to recover losses.
How Contributory Negligence Affects Personal Injury Cases in Maryland
Here is a straightforward example of contributory negligence: Imagine you were jaywalking and subsequently struck by a car, sustaining multiple broken bones and a collapsed lung. In this case, your failure to walk at a crosswalk could be considered negligent, eliminating your ability to recover compensation for the accident. The simple fact that the accident was partially your fault makes you fully responsible for your losses under Maryland personal injury laws.
Importance of Hiring a Skilled Personal Injury Lawyer
One common way defendants and insurance companies try to deflect paying out personal injury claims is by using contributory negligence against the accident victim. Successfully placing blame on the victim releases insurers from responsibility and leaves the injured party responsible for paying for their medical bills and other expenses out of pocket. One of the best protections against under-compensation in these situations is working with an experienced personal injury attorney.
A personal injury lawyer will collect evidence to demonstrate the other partyās fault. They can also advise against statements or behaviors that insurance companies or courts could misconstrue and use as evidence of contributory negligence.
Need Help with a Personal Injury Claim? Contact Trollinger Law LLC for a Free Consultation
Trollinger Law LLC is dedicated to protecting the rights and interests of the injured in Maryland and Washington, D.C. We get to know our clients and stand by them at every step of the injury claims process. We understand the financial strain an injury can cause and have the knowledge, skills, and resources to pursue your due compensation.
Contact Trolinger Law LLC online or call today for a free, no-obligation case consultation.
