Michael Giddings v. Martin Family Trust

Baltimore, Maryland personal injury lawyer represented the Plaintiff who sued the Defendant on a negligence theory.



Maryland personal injury law protects individuals who have been injured due to the carelessness or recklessness of another person. If you've been hurt in an accident, whether from a car crash, slip and fall, or medical malpractice, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and other damages.



Key Principles of Maryland Personal Injury Law:



Duty of care: Everyone has a legal duty to act with reasonable care and avoid foreseeable harm to others. This applies in various situations, including car accidents, slip and falls, medical malpractice, and product liability cases.

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Breach of duty: To succeed in a personal injury lawsuit, you must prove that the other party breached their duty of care. This means they acted negligently, such as by:

Driving under the influence

Speeding

Distracted driving

Failing to maintain their property

Providing improper medical care

Manufacturing a defective product

Proximate cause: The breach of duty must be the direct cause of your injury. In other words, your injury wouldn't have happened but for the other party's negligence.

Damages: If you can prove both breach of duty and proximate cause, you may be entitled to damages for your losses, including:

Medical expenses

Lost wages

Pain and suffering

Emotional distress

Loss of enjoyment of life

Property damage



Unique Aspects of Maryland Personal Injury Law:



Contributory negligence: Unlike most states, Maryland follows a contributory negligence rule. This means that even if you were partially at fault for the accident, you are barred from recovering any compensation from the other party. This can be a significant hurdle for plaintiffs in personal injury cases.

Medical malpractice cap: Maryland has a cap on non-economic damages (pain and suffering) in medical malpractice cases. The current cap is $350,000 per plaintiff and $1 million per case.

Statute of limitations: Generally, you have three years from the date of your injury to file a personal injury lawsuit in Maryland.



Seeking Legal Help:



If you have been injured due to someone else's negligence, it is crucial to consult with an experienced personal injury attorney. An attorney can help you understand your legal rights, investigate the accident, gather evidence, negotiate with insurance companies, and file a lawsuit if necessary.



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Settled for an undisclosed sum and dismissed with prejudice.