Accidents and unexpected events can happen to anyone. Often, they leave individuals with physical, emotional, and financial challenges. In Maryland, when an injury results from someone else’s actions or failure to act, you can seek compensation through a personal injury claim.
But what is considered a personal injury? In this blog, we will look at the basics to help you determine if you have a case and what steps to take next.
Defining Personal Injury
A personal injury refers to any physical, emotional, or financial harm suffered due to another person’s negligence, recklessness, or intentional conduct. The key element is that the injury must have been caused by someone else’s failure to act with reasonable care or by their deliberate actions.
For example, if a driver runs a stop sign and hits your car, causing you to break your leg, that would be considered a personal injury because the other driver’s negligence caused your harm.
Personal injuries can happen in different situations, including car accidents, slips and falls, medical malpractice, workplace incidents, and defective products.
No matter the scenario, if someone else is responsible for your injury, you may have the right to pursue compensation for your medical expenses, lost income, pain and suffering, and other damages.
The Elements of a Personal Injury Case
For an injury to qualify as a personal injury in Maryland, certain elements must be present:
Duty of care: The person responsible for your injury must have had a legal obligation to act with reasonable care to prevent any harm. For instance, drivers have a duty to follow traffic laws, and property owners must maintain safe premises.
- Breach of duty: The responsible party must have violated their duty of care. This could be through negligence, recklessness, or intentional wrongdoing.
- Causation: The breach of duty must be the direct cause of your injury. In other words, your injury would not have occurred if the person had acted responsibly.
- Damages: You must have suffered actual harm as a result of the injury. This can include physical injuries, emotional distress, financial losses, and other impacts on your life.
Types of Personal Injuries
Personal injuries can take many forms. In most legal claims, they fall into three main categories:
Physical Injuries
These are the most common types of personal injuries and include any damage to the body, such as:
- Broken bones, sprains, and fractures
- Cuts, bruises, and burns
- Head and brain injuries
- Spinal cord injuries and paralysis
- Internal organ damage
Emotional and Psychological Injuries
Not all injuries are visible. Some traumatic events can cause emotional and psychological harm, such as:
- Anxiety and depression
- Post-traumatic stress disorder (PTSD)
- Emotional distress and mental anguish
- Loss of enjoyment of life
Financial Injuries
A personal injury can lead to substantial financial hardships, including:
- Medical bills for treatment, rehabilitation, and continuous care
- Lost wages due to time off work
- Reduced earning capacity if the injury affects your ability to work long-term
- Property damage, such as a damaged vehicle in a car accident
Maryland’s Contributory Negligence Rule
Maryland is one of the few states that follows a contributory negligence rule. With that, if you are found to be even 1% at fault, you may be prevented from recovering any compensation.
For example, if you slip and fall in a store because of a wet floor but were looking at your phone at the time, the store’s insurance company might argue that you were partially at fault for not paying attention. If they succeed, you may not be able to recover damages.
Statute of Limitations
In Maryland, you have three years from the date of your injury to file a personal injury lawsuit. This time limit is the statute of limitations. And you need to abide by it. Otherwise, you may lose your right to seek compensation if you miss the deadline.
A personal injury in Maryland is any harm caused by another person’s negligence, recklessness, or intentional conduct. You need to know your rights whether you’ve been injured in a car accident, slipped and fell on someone else’s property, or suffered due to medical malpractice. GDH Law is ready to help you fight for your deserved compensation if you have been injured.
