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Maryland
Personal Injury Law
The following
summary of Maryland personal injury laws and case types will
help you understand important aspects of injury claims in this state.
Maryland Statute of Limitations:
Personal Injury: 3 years for negligent
conduct
Medical Malpractice: 5 years
Products Liability: 3 years
Wrongful Death: 3 years
Libel/Slander: 1 year
Fraud: 3 years
Caps on Personal Injury Awards in Maryland:
The non-economic
damages award currently may not exceed $725,000. However, the
cap increases by $15,000 on October 1st of each year.
In wrongful death cases where there are 2 claimants (such as parents
filing for the wrongful death their child) the damages award may be
increased to 150% of the current damages cap.
Maryland Serious Injury Threshold:
There is no serious injury threshold in the state of Maryland.
Maryland
is a No-Fault state and follows the pure contributory
negligence
theory, therefore a plaintiff may only recover provided he or she did
not contribute in any way to the accident.
Personal Injury Claims & Theories of
Liability in Maryland:
Auto
Accident Claim: Drivers owe all others on the road a duty to
operate their
vehicle in a safe manner. When they breach this duty, they can
be held
liable for the personal injury and property damage of the victim.
Medical Malpractice Case:
This is also under the category of "medical negligence." It occurs when
a health care provider fails to follow the governing standard of care
when providing treatment which then results in injury to the patient.
Product
Liability Lawsuit: Manufacturers, distributers and designers
will be held
strictly liable for injuries that result from the use of products that
have been placed in the stream of commerce.
Wrongful
Death Case: If an individual dies due to the negligence of
another, the
negligent party will be liable to the estate of the victim for personal
injuries.
Workers
Compensation Law:
Maryland is a compulsory state meaning that all employers are required
to carry workers compensation insurance in the event of an on-the-job
injury.
Slip and
Fall Accident: Property owners are legally
required to make their property safe, make reasonable inspections and
notify others of any known dangers. When they fail to do so and someone
is injured as a result, the property owner will be held liable.
For More
Information Check out these sites:
Official
Maryland State Government Website
Maryland Insurance Administration
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