If you’ve been injured in Maryland, you might be wondering if you have a tort claim. Maryland tort claims arises when someone acts, or fails to act, when they have a legal duty to do so. If that action, or inaction, causes harm to someone else, you could have a case. I know that the legal system can be confusing and even a little scary. So, let’s take a closer look at Maryland tort claims.
Table Of Contents:
- What is a Tort Claim?
- Types of Maryland Tort Claims
- Proving Fault and Negligence in Maryland Tort Claims
- Statute of Limitations
- Comparative Negligence
- Maryland Tort Claims Act
- Filing a Claim with the Local Government or State of Maryland
- How Can an Attorney Help with My Maryland Tort Claim?
- Conclusion
What is a Tort Claim?
A tort claim in Maryland is a civil case, as opposed to a criminal case. This means you are seeking monetary compensation, or money damages, for your injuries or losses. These specific damages could be for things like medical expenses, lost wages, and pain and suffering, depending on the type of case.
If your case goes to a judicial proceeding, a judge or jury will determine if the at-fault party will be held liable for your injury and/or property damage. But you’re probably wondering how that all works in Maryland. Keep reading because we are about to unpack all that.
Types of Maryland Tort Claims
There are several different types of tort claims in Maryland. Here are just a few of the more common ones.
Car Accidents
Sadly, these are more common than anyone would like. Car accidents include cars, trucks, and motorcycle accidents. A car accident case can arise from distracted driving, drunk driving, speeding, and many more causes.
Slip and Fall Cases
These personal injury cases happen when you slip, trip, and fall on someone’s
property because they failed to keep it safe. Think about wet floors without a warning sign, or an uneven sidewalk with a big crack.
It could even be snow or ice that was not cleared away, causing someone to fall. All of those things are examples of slip and fall cases that could involve local government tort claims if the property is owned by the city or county.
Medical Malpractice
These cases occur when a healthcare professional makes a mistake that injures a patient. That might involve a failure to diagnose a medical condition. It can even include medication errors.
When medical professionals don’t follow standards of care in their profession, they may commit medical malpractice. And when that happens, it’s a really good idea to talk with an experienced attorney about the specifics of your situation.
Defamation
This happens when someone lies about you in writing (libel) or verbally (slander) and you are injured as a result. Maybe someone started a false rumor at work that got you fired, or a person spreads misinformation on social media that harms your business or reputation. Those can be examples of defamation claims.
And while this is not an exhaustive list, you can see just how broad this area of law really is. And you are probably wondering how Maryland’s tort laws might apply to your situation. Don’t worry. I am going to explain more.
Proving Fault and Negligence in Maryland Tort Claims
When someone files a Maryland tort claim, there are several legal hurdles to overcome before winning a case. That means it’s essential to understand these key concepts.
Negligence
This means failing to exercise the care a reasonable person would in similar circumstances. It involves acting, or not acting, in a way that breaches a duty owed to someone. For example, drivers have a duty to be aware of their surroundings. Drivers also have a duty to follow all traffic laws.
If they fail to meet that standard, they may have acted negligently if an accident and injuries occur. But negligence isn’t limited to just drivers. Lots of different people have different legal duties. Just because someone breaches a duty, however, doesn’t mean the injured party automatically wins the case. Why? Keep reading.
Proximate Cause
An attorney will often say that proving “proximate cause” in Maryland tort claims is important. What does that mean? It simply means the injured person must also show a link between that person’s negligence and the injuries they suffered.
For example, let’s say a driver runs a red light while texting. But then the other car swerves to avoid them. That driver then slams on their brakes and gets rear-ended by the car behind them. Is the driver who ran the red light still negligent? Yes. Could they receive a traffic citation? Absolutely. But did their negligence cause the rear-end collision? Maybe, maybe not. And that’s where having skilled legal help can make a huge difference.
Statute of Limitations
There is a time limit to file any lawsuit in Maryland. The statute of limitations dictates how long, from the date of the injury or accident, someone has to pursue their rights. The Maryland tort claims act states that an injured party has three years from the date the injury occurred to file a claim.
If you miss that window of time, the injured person could lose those legal rights. Make sure to check with a Maryland tort claims attorney if you have questions about the statute of limitations in your potential case.
Comparative Negligence
It is also essential to realize that Maryland law follows a rule called “contributory negligence.” This means the amount of compensation an injured person can receive might be reduced based on their degree of fault in the accident. Even if the supported evidence deems the other party is legally responsible, you could receive a lower amount.
Maryland Tort Claims Act
The Maryland Tort Claims Act, found in the Maryland State Government Article, governs claims for injury and/or property damage against state personnel. It allows individuals to sue state government employees for their negligence, but with certain limitations.
For example, there is a cap on the amount of non-economic damages a person can receive for their claimed injury and/or property damage. These damages are things such as pain and suffering and loss of consortium.
Filing a Claim with the Local Government or State of Maryland
Before filing a lawsuit in court, it is generally required to first file a claim with the appropriate government entity. If you have sustained bodily injury as the result of negligence from Maryland Personnel, you or yours his/her representative would file a claim with the State Treasurer’s Office. That office would then investigate and determine if the evidence secured supports the claim.
If your claim involves the Maryland Transit Administration, also known as the MTA, then you would pursue MTA tort claims directly with the Maryland Transit Administration. However, suppose the injury or damage caused by local government employees occurred while performing a governmental function. In that case, a claim must be filed with that local government’s insurance carrier or risk management office. You should consult the specific local government’s website or legal department for the proper procedure.
When filing a claim with the State Treasurer’s Office or a local government entity, you will need to provide detailed information about the incident, such as the date, time, location, parties involved, and a description of your injuries or property damage loss. You will also need to submit any relevant documentation, such as medical bills, police reports, and witness statements.
How Can an Attorney Help with My Maryland Tort Claim?
Filing a Maryland tort claim can be overwhelming and frustrating, and mistakes can be costly. You might not even know where to start. This is where having a skilled and experienced attorney in your corner is essential to help guide you through the legal process.
If you or someone you love have been injured due to someone else’s actions (or inaction), remember that you may be entitled to seek compensation through a tort claim under Maryland law. An attorney can also advise you whether the state’s evidence secured supports your claim or if more evidence is needed.
Conclusion
Navigating Maryland Tort Claims can be difficult. Having a clear understanding of the process, types of tort claims, and how to prove fault can be beneficial for those who have been injured. The insurance division and STO insurance division often play a role in cases involving state or public entities. Knowing about statutes of limitations, the implications of comparative negligence, and outcomes from the regular session of legislative changes can also be critical. In some cases, judicial proceedings may further complicate matters. For legal advice and assistance, consider contacting a qualified attorney with experience in Maryland tort law.
