Maryland Personal Injury Law
In Maryland, personal injury and auto accident laws encompass several key aspects that are crucial for individuals involved in such incidents to understand:
- Statute of Limitations
Maryland law imposes a three-year statute of limitations for filing personal injury lawsuits, including those arising from auto accidents. This means you must file your lawsuit within three years from the date of the accident. Failing to do so may result in losing your right to seek compensation.
- Contributory Negligence
Maryland adheres to the contributory negligence rule, which is particularly stringent. Under this rule, if you are found to be even 1% at fault for the accident, you are barred from recovering any damages from other at-fault parties. This underscores the importance of establishing clear liability in personal injury cases.
- Mandatory Auto Insurance Requirements
Drivers in Maryland are required to carry minimum auto insurance coverage, which includes:
- Bodily Injury Liability: At least $30,000 per person and $60,000 per accident.
- Property Damage Liability: A minimum of $15,000 per accident.
These requirements ensure that drivers have financial protection in the event of an accident.
- Personal Injury Protection (PIP)
Maryland mandates that auto insurance policies offer Personal Injury Protection (PIP) coverage, which provides no-fault benefits for medical expenses and lost wages, regardless of who caused the accident. Policyholders have the option to waive PIP coverage, but it must be done explicitly in writing.
- Uninsured/Underinsured Motorist Coverage
Insurance policies in Maryland must include uninsured and underinsured motorist coverage, which protects you if you’re involved in an accident with a driver who lacks sufficient insurance. This coverage is designed to cover damages that exceed the at-fault driver’s insurance limits.
- Damage Caps
Maryland law places caps on non-economic damages (such as pain and suffering) in personal injury cases. As of 2024, the cap is set at $905,000 for non-economic damages in personal injury cases. This cap increases annually with inflation.
- Reporting Requirements
If an auto accident results in injury, death, or property damage exceeding $1,000, Maryland law requires that the accident be reported to the Motor Vehicle Administration within 15 days. Additionally, you must remain at the scene and exchange information with the other parties involved.
- Legal Representation
Given the complexities of Maryland’s contributory negligence rule and other legal nuances, it’s advisable to consult with an experienced personal injury attorney if you’re involved in an auto accident. An attorney can help navigate the legal process, gather necessary evidence, and advocate on your behalf to seek fair compensation.
Understanding these aspects of Maryland’s personal injury and auto accident laws is essential for protecting your rights and ensuring you take appropriate steps following an accident.