Understanding Contributory Negligence in Maryland

Losing a loved one is never easy, but when it happens as a result of someone else's negligence, the pain and suffering can be even more profound. In Maryland, when someone dies as a result of another party's actions, their surviving family members may be entitled to file a wrongful death claim. What Is a Wrongful Death Claim? A wrongful death claim is a legal action taken by the surviving family members of someone who died due to the negligence, recklessness, or intentional act of another person or entity. This type of claim is brought to hold the responsible party accountable for their actions and to compensate the surviving family members for their losses, including medical expenses, funeral expenses, lost wages, and emotional distress. Who Can File a Wrongful Death Claim in Maryland? In Maryland, the surviving spouse, children, or parents of the deceased person can file a wrongful death claim. If the deceased person has no surviving spouse, children, or parents, then siblings or other relatives may be eligible to file a claim. What Are the Time Limits for Filing a Wrongful Death Claim in Maryland? In Maryland, the statute of limitations for filing a wrongful death claim is three years from the date of the person's death. If the claim is not filed within this timeframe, the family members may lose their right to seek compensation. What Damages Are Available in a Wrongful Death Claim in Maryland? In a wrongful death claim, the family members may seek compensation for both economic and non-economic damages. Economic damages are those that are easily quantifiable, such as medical expenses, funeral expenses, and lost wages. Non-economic damages are those that are less tangible, such as pain and suffering, loss of companionship, and emotional distress. How Can a Wrongful Death Claim be Filed in Maryland? To file a wrongful death claim in Maryland, the surviving family members should consider hiring an attorney to assist. Wrongful death actions are often joined with survivorship actions. Maryland wrongful death law is a right created by statute ( See, Md. Code Ann., Cts. & Jud. Proc. § 3-901, et. seq.) and the assistance of an attorney will help the family navigate the statute, gather evidence, interview witnesses, and build a case on behalf of the family members. If the case goes to trial, the attorney will represent the family members in court. Losing a loved one is never easy, and the pain and suffering can be even greater when their death was caused by someone else. If you have lost a loved one in Maryland due to the negligence, recklessness, or intentional act of another person or entity, you may be entitled to file a wrongful death claim. Contact an experienced attorney to learn more about your legal rights and options.

Premises liability is an area of personal injury law that holds property owners responsible for accidents and injuries that occur on their property. In Maryland, property owners have a duty to maintain safe conditions and protect visitors from harm. If you've been injured on someone else's property, you may be entitled to compensation. In this blog post, we will provide an overview of premises liability law in Maryland and discuss the factors that may impact your claim. Duty of Care in Maryland Under Maryland law, property owners owe a duty of care to individuals who enter their premises. The level of care owed depends on the status of the visitor: Invitees: An invitee is someone who is on the property for a mutually beneficial purpose, such as a customer in a retail store. Property owners owe the highest duty of care to invitees and must take reasonable steps to maintain safe conditions and promptly address any known hazards. Licensees: A licensee is someone who is on the property for social reasons, such as a guest at a party. Property owners must warn licensees of any known hazards but are not required to actively inspect the property for potential dangers. Trespassers: A trespasser is someone who enters the property without permission. Property owners owe the least duty of care to trespassers and are generally only required to refrain from causing willful or wanton harm. Proving Negligence in Premises Liability Cases To prevail in a premises liability claim in Maryland, you must prove the following elements: Duty: The property owner owed you a duty of care based on your visitor status. Breach: The property owner breached that duty by failing to maintain safe conditions, address known hazards, or provide adequate warnings. Causation: The property owner's negligence directly caused your injuries. Damages: You suffered damages, such as medical expenses, lost wages, and pain and suffering, as a result of your injuries. It's essential to note that Maryland follows the doctrine of contributory negligence, which means that if you are found even partially responsible for your injuries, you may be barred from recovering compensation ( see, Harrison v. Montgomery County Bd. of Educ., 295 Md. 442, 456 A.2d 894 (1983)). Types of Premises Liability Claims Premises liability claims can arise from various accidents and injuries, including: Slip and fall accidents: These accidents often result from wet or slippery floors, uneven surfaces, or poor lighting. Inadequate security: Property owners may be held liable for injuries resulting from criminal activity if they failed to provide adequate security measures. Swimming pool accidents: Property owners must take reasonable steps to secure their swimming pools and prevent unauthorized access, especially to young children. Conclusion If you've been injured on someone else's property in Maryland, it's crucial to understand your rights under premises liability law. An experienced personal injury attorney can help you navigate the legal process, gather evidence, and build a strong case to recover the compensation you deserve. Remember, each case is unique, and the outcome depends on various factors, including the facts of the case and the applicable law.

Expert witnesses can play a vital role in personal injury cases, providing specialized knowledge and objective analysis to support your claim. In this blog post, we will discuss the role of expert witnesses in personal injury cases, the types of experts commonly involved, and how they can impact the outcome of your case. The Role of Expert Witnesses in Personal Injury Cases Expert witnesses are professionals with specialized knowledge, skills, or experience in a particular field who can provide objective, fact-based opinions in legal cases. They can help establish key elements of a personal injury claim, such as causation, the extent of your injuries, and the future impact of those injuries on your life. Types of Expert Witnesses in Personal Injury Cases There are various types of expert witnesses who may be involved in personal injury cases, depending on the nature of the claim: Medical experts: Medical experts can provide opinions on the nature and extent of your injuries, the necessary treatment, and the projected costs of future medical care. They may also help establish causation by connecting your injuries to the accident. Accident reconstruction experts: These experts specialize in analyzing the details of an accident to determine how it occurred and who is at fault. They may use their findings to create diagrams, models, or animations to demonstrate their conclusions in court. Vocational rehabilitation experts: These experts can evaluate your ability to work and earn a living following your injury. They may provide opinions on your capacity for work, the types of jobs you may be able to perform, and any necessary accommodations or retraining. Economic experts: Economic experts can help quantify the financial impact of your injuries, including lost wages, future earning capacity, and the cost of ongoing medical care. They may also calculate the present value of these damages to determine an appropriate compensation amount. Mental health experts: In cases where emotional distress or psychological injuries are involved, mental health experts can provide opinions on the nature and extent of your emotional suffering and the impact of your injuries on your mental health. How Expert Witnesses Can Impact Your Case Expert witnesses can be invaluable in supporting your personal injury claim, as they can: Strengthen your case: Expert witnesses can provide objective, fact-based opinions that help establish key elements of your claim, such as causation, the extent of your injuries, and the future impact of those injuries on your life. Enhance credibility: The testimony of expert witnesses can lend credibility to your case by providing objective, specialized knowledge that supports your claim. Persuade the judge or jury: Expert testimony can be compelling and persuasive, helping to sway the opinion of the judge or jury in your favor. Increase settlement value: The involvement of expert witnesses can help demonstrate the strength of your case, potentially leading to higher settlement offers from the defendant or their insurance company. Expert witnesses can play a critical role in personal injury cases by providing specialized knowledge and objective analysis to support your claim. Working with an experienced personal injury attorney can help ensure that the right experts are involved in your case, ultimately increasing your chances of obtaining fair compensation for your injuries.