If you’ve been hurt in an accident caused by someone else’s actions, you may be entitled to compensation, and one of the ways to get it is through a personal injury lawsuit. However, successfully pursuing a claim requires more than just showing that you were hurt—you must prove that the other party was negligent. In Maryland, understanding how negligence is proven can help you navigate the complexities of your case and build a stronger claim.
What Is Negligence in Maryland Personal Injury Cases?
Negligence occurs when a person or entity fails to exercise reasonable care and it results in harm to someone else. Reasonable care refers to the level of caution that an ordinary person would exercise in similar circumstances. To prove negligence in Maryland, you must establish four key elements.
Duty of Care
Duty of care is the idea that the defendant had a duty to act or not act in a specific way to prevent harm. For example, drivers have a duty to follow traffic laws and stop at stop signs and red lights. Not doing so is a violation of their duty.
Breach of Duty
Next, breach of duty occurs when the other party fails to meet their duty of care by acting carelessly, recklessly, or not acting at all. Examples of breach of duty include texting while driving and causing an accident or deliberately ignoring a spill that leads to a slip-and-fall injury.
Causation
To show causation, you’ll need to demonstrate that the defendant’s breach of duty led to your injuries or the accident.
Damages
Finally, you need some type of damages for any personal injury lawsuit. You must show that you faced losses, like medical bills, lost wages, or pain and suffering.
Maryland’s Contributory Negligence Rule
Maryland follows a contributory negligence standard, which can significantly impact your ability to recover compensation. Under this rule, if you are found even 1% at fault for your injury, you cannot recover damages from the other party. For example, if you were injured in a car accident but were speeding at the time, the defendant could argue that your speeding contributed to the crash. Because of this challenging and strict standard, it’s important to work with an experienced personal injury attorney who can build a strong case and counter any claims of shared fault.
How Can You Prove Negligence in a Personal Injury Lawsuit
Building a compelling personal injury case requires gathering evidence to demonstrate the four elements of negligence we reviewed above. Some of the most common types of evidence include:
- Accident Reports: Police reports or incident reports can provide details about the circumstances of the accident.
- Photographs and Videos: Images or footage of the accident scene, weather conditions, or injuries can demonstrate how the defendant’s actions caused harm.
- Eyewitness Testimony: Statements from individuals who witnessed the incident can support your account of events.
- Medical Records: Documentation of your injuries and treatment helps establish the extent of your damages.
- Expert Testimony: Professionals, such as accident reconstructionists or medical experts, can provide specialized insight into how the defendant’s actions caused your injury.
Contact Mobley & Brown, LLP for Help With Your Legal Needs
If you are injured in Maryland and looking to explore a personal injury lawsuit, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.
