A personal injury claim follows a predictable path in Maryland, even though every case has its own facts. Knowing the steps helps an injured person avoid mistakes that cost money or rights. This article walks through the process from the first medical visit to a possible appeal.
Your health comes first, and prompt treatment also creates the earliest record of your injuries. Tell each provider how the injury happened, and follow the treatment plan. Gaps in treatment give an insurer an argument that you were not seriously hurt.
Photograph the scene, the hazard or vehicles, and your injuries, and note the date of each image. Get names and contact information for witnesses, and obtain a copy of any police report. Keep receipts, bills, and records of time missed from work.
Report a fall or other incident in writing to the property owner or manager, and keep a copy. Under Courts and Judicial Proceedings Article Section 5-101, a person must file most Maryland injury claims in court within three years. Claims against a county or city usually require written notice within one year under the Local Government Tort Claims Act, and claims against the State require a written claim to the State Treasurer within one year.
A lawyer can explain which claims apply, which insurance policies may pay, and what the defense will argue. Ask how the lawyer charges fees and case expenses and how the lawyer will keep you informed. Bring every document you have to the first meeting.
Your lawyer gathers records, bills, wage information, and evidence of fault. Once your treatment ends or your condition stabilizes, your lawyer sends the insurer a demand that explains the claim. The insurer then evaluates the claim and responds with an offer or a denial.
In auto cases, Maryland drivers carry personal injury protection (PIP) coverage unless they waived it in writing. PIP pays medical bills and lost wages up to policy limits regardless of fault. Uninsured and underinsured motorist coverage can apply when the at-fault driver lacks enough insurance.
If negotiation fails, your lawyer files suit in the District Court or a circuit court, depending on the amount at stake. Discovery follows, with written questions, document requests, and depositions, and many cases settle or go to mediation during this stage. Cases that do not settle proceed to trial before a judge or jury.
A party who believes the trial court made a legal error may appeal to the Appellate Court of Maryland. Appeals review legal questions rather than retry the facts. Strict deadlines apply, so the decision whether to appeal comes quickly after judgment.
Maryland follows contributory negligence, so an injured person who shares even a small part of the fault may recover nothing. Courts and Judicial Proceedings Article Section 11-108 also caps noneconomic damages, such as pain and suffering. Medical malpractice claims follow special rules, including a filing with the Health Care Alternative Dispute Resolution Office.
Christopher L. Beard, an Annapolis attorney, represents injured people throughout Maryland in premises liability, auto accident, and other injury claims. To discuss an injury, e-mail chris@attorneybeard.com or call (410) 267-0227. You can also read our article on contributory negligence in Maryland.
