Perhaps one of the most complicated aspects of the law is personal injury law, which is the stage for many hard-fought legal battles. For example, can an injured person file a personal injury claim if that individual is himself partially liable for the accident? Read on to learn more about this complicated topic.
Comparative Negligence
In most states, the concept of comparative negligence provides a precedent for cases in which more than one party is liable. For example, if an individual is injured in a car accident due to another’s recklessness, the injured individual is entitled to compensation. However, if the injured individual was not wearing a seatbelt at the time of the accident, some of the liability would fall on him. The injured individual would likely receive the normal compensation package, minus his percentage of liability as determined by the court.
Contributory Negligence
Contributory negligence is another concept that helps determine liability in personal injury cases. This doctrine is quite the opposite of comparative negligence, in that the personal injury plaintiff (i.e. the injured individual) does not receive compensation if he is even 1% liable. Unfortunately, Maryland is one of only five jurisdictions in the nation that still observe this oft-criticized doctrine—the other four being North Carolina, Virginia, Alabama, and Washington DC.
Seeking Compensation
If you’ve recently been injured, you had better make sure that you are not liable in any way before you try to file a personal injury claim. If you’re unsure, it’s highly recommended that you speak with an experienced attorney. After carefully reviewing your case, an experienced attorney can tell you whether or not it’s worth pursuing.
Have You Been Injured in a Maryland Car Accident?
If you've been injured in a car accident, you need to speak with an experienced car accident attorney as soon as possible. Please contact us online or call our Gaithersburg office directly at 301.840.0404 to schedule your free consultation.
