Accidents are an unfortunate reality of life, and when they result in personal injuries, the legal landscape can become complex. If you find yourself in Severn, Maryland, wondering whether you can file a personal injury claim when the accident was partially your fault, it’s crucial to understand the legal principles that govern such situations. Maryland follows a contributory negligence rule, which can significantly impact your ability to seek compensation.
Understanding Contributory Negligence
Maryland is one of the few states that adhere to the contributory negligence doctrine. According to this legal principle, if you are found to be even slightly at fault for an accident, you may be barred from recovering any damages from the other party involved. This strict standard places a heavy burden on the injured party, making it crucial to assess the circumstances surrounding the accident carefully.
Proving Negligence
To file a personal injury claim in Severn, MD, you must establish that the other party was negligent and that their negligence directly caused your injuries. However, the contributory negligence rule means that the defendant might argue that your own actions played a role in the accident. This is where a thorough investigation and the assistance of a skilled attorney become essential.
Comparative Fault in Maryland
While contributory negligence is the general rule in Maryland, there are exceptions. In some cases, the court may apply the principle of “comparative fault” instead. Comparative fault allows for a more equitable distribution of liability. If both parties are found to be at fault, the court will assign a percentage of fault to each party, and damages will be awarded accordingly.
It’s important to note that Maryland follows a modified comparative fault system with a 51% bar. This means that you can only recover damages if your degree of fault is less than 50%. If you are 51% or more at fault, you will be completely barred from seeking compensation.
Seeking Legal Guidance
Navigating the legal intricacies of personal injury claims in Severn, MD, particularly when there is a question of contributory negligence, can be challenging. Consulting with an experienced personal injury attorney is crucial in such cases. An attorney can help you gather evidence, assess the strength of your case, and guide you through the legal process.
Insurance Negotiations
Insurance companies play a pivotal role in personal injury claims. If you’re involved in an accident where you share some degree of fault, negotiating with insurance companies becomes more complex. Insurance adjusters may attempt to leverage the contributory negligence rule to minimize the compensation they offer. Having legal representation can level the playing field and help you secure a fair settlement.
Filing a personal injury claim in Severn, MD, when the accident was partially your fault requires a careful examination of the state’s contributory negligence rules. While the strict standard may pose challenges, it’s essential to explore all legal options and, if necessary, consider the principle of comparative fault. Consulting with an experienced attorney is key to navigating the complexities of personal injury law and pursuing the compensation you deserve.
How can Alpert Schreyer, LLC PI help you on Personal Injury cases in Severn, MD
At Alpert Schreyer, LLC, we understand the physical, emotional, and financial toll that personal injuries can take on individuals and their families. If you’ve been involved in an accident in Severn, MD, and are grappling with the complexities of personal injury law, our experienced team is here to guide you through every step of the legal process.
In-depth Case Evaluation
Our skilled attorneys will conduct a thorough evaluation of your case, examining the circumstances surrounding the accident and assessing the extent of your injuries. This meticulous review helps us determine the viability of your claim and the potential challenges associated with contributory negligence in Maryland.
Legal Experience
Maryland’s contributory negligence rule can be unforgiving, making it crucial to have legal professionals with a deep understanding of local laws. Our team boasts extensive experience in personal injury law and is well-versed in navigating the nuances of Maryland’s legal landscape.
Evidence Gathering
Building a strong case requires comprehensive evidence. We work diligently to gather relevant documentation, witness statements, and expert opinions to establish the negligence of the opposing party while minimizing any potential claims of contributory negligence against you.
Negotiations with Insurance Companies
Dealing with insurance companies can be challenging, especially when contributory negligence is a factor. Our attorneys are skilled negotiators who will advocate on your behalf, ensuring that insurance adjusters consider the full extent of your damages and don’t exploit the contributory negligence rule to your disadvantage.
Court Representation
In the event that negotiations fail to yield a fair settlement, our team is prepared to take your case to court. We’ll provide strong representation, presenting compelling arguments to demonstrate the other party’s negligence and advocating for your right to compensation.
Client-Centered Approach
At Alpert Schreyer, LLC, we prioritize our clients’ well-being. We understand the challenges you face after a personal injury, and our compassionate team is dedicated to providing personalized attention and support throughout the legal process.
Experience with Diverse Cases
Our firm has successfully handled a wide range of personal injury cases, including those involving car accidents, slip and falls, medical malpractice, and more. Our diverse experience equips us to tackle the unique aspects of your case effectively.
If you’ve suffered a personal injury in Severn, MD, Alpert Schreyer, LLC is committed to helping you pursue the compensation you deserve. Contact us for a confidential consultation, and let our experienced team work tirelessly to protect your rights and achieve a favorable outcome for your case.