When it comes to personal injury law, contributory negligence often plays a significant role. In this blog, we’ll explain the concept of contributory negligence and explore the ways it can impact your personal injury claim in Maryland courts.
Maryland's Pure Contributory Negligence Rule
Contributory negligence is best defined as a legal principle that apportions liability for an accident based on the degree of fault of each party involved. In some jurisdictions, this principle allows injured parties to recover damages even if they are partially responsible for their injuries. However, Maryland is one of five jurisdictions (in addition to Washington, D.C., North Carolina, Virginia, and Alabama) that follows a “pure” contributory negligence rule, which can have significant implications for personal injury claims in the state.
Put simply, the pure contributory negligence rule in Maryland means that even if the wrongfully injured party is partially at fault for the accident—regardless of how much or how little the “amount” of fault is—they may be ineligible to recover damages for their injuries. In other words, even if you are found to be just 1% at fault for the accident, you may be prevented from recovering any compensation.
How Can Contributory Negligence Affect My Claim?
The contributory negligence rule in Maryland can substantially impact your personal injury claim. If the defendant can prove that you were even slightly at fault for the accident, your claim may be dismissed, leaving you with no compensation for your injuries. This is one of numerous reasons why it’s important to hire experienced representation for any Maryland personal injury claim, as a qualified personal injury attorney can help minimize potential fault and maximize your chance of obtaining fair compensation.
Strategies for Overcoming Contributory Negligence
While the contributory negligence rule presents challenges, there are several strategies an experienced attorney can employ to help overcome these obstacles:
- Thoroughly investigate the accident. By conducting a comprehensive investigation of the accident, your attorney can gather evidence to support your claim and demonstrate the defendant's negligence.
- Highlight the defendant's negligence. Your attorney can emphasize the defendant's negligence to prove that the accident was caused solely by the defendant's actions.
- Utilize expert witnesses. Expert witnesses can provide specialized knowledge and objective analysis to help establish the defendant's negligence and refute claims of contributory negligence.
- Analyze and challenge the defendant's evidence. Your attorney can scrutinize the defendant's evidence, exposing any weaknesses or inaccuracies, and present counterarguments to refute claims of contributory negligence.
Understanding Maryland's contributory negligence rule is crucial for navigating the complexities of personal injury claims in the state.
Passionately Representing the Wrongfully Injured in MD
If you or a loved one were injured due to someone else's negligence, consulting with a skilled personal injury lawyer is nonnegotiable to obtaining the full compensation you rightfully deserve after your suffering, as they can help you overcome the challenges posed by contributory negligence and secure the compensation you deserve.
At the Law Office of Justin A. Wallace, our Pikesville advocate has the in-depth knowledge and experience required to protect your best interests and demand the fair compensation you’re entitled to after being wrongfully injured in Maryland. Reach out to our office today to request a consultation.No one deserves to suffer due to someone else’s carelessness. Contact us online to consult with a skilled personal injury lawyer in Maryland.