Movies and television may have people believe that most civil lawsuits end in a dramatic trial. While this does sometimes happen, most Maryland personal injury lawsuits actually do not make it this far. Sometimes the parties settle with each other prior to trial, or sometimes a judge will find that…
Maryland Accident Law Blog
Statutes of Limitations in Maryland Tort Claims Act Cases
The Maryland Tort Claims Act (MTCA) was enacted in 1981. Under the Maryland Tort Claims Act, immunity is generally afforded to the state, and to state employees for their actions that are carried out without malice or gross negligence. Because it may apply in Maryland accident cases, understanding the statute,…
Watch Out Maryland! Around 200,000 Pounds of Eggs Recalled Due to Listeria Outbreak
When individuals eat, they expect the food to be healthy and safe for consumption. Unfortunately, contaminated food can make its way into grocery stores and restaurants without anyone realizing it until it is too late. For example, last month a large food company voluntarily recalled around 200,000 pounds of hard-boiled…
Is Expert Testimony Necessary in Maryland Accident Claims?
Expert testimony can be helpful in certain claims to explain evidence to the fact finder. In Maryland accident cases, expert testimony may be admitted if the court decides that the testimony will help the trier of fact to understand the evidence or decide a fact at issue. Yet, expert testimony…
Establishing Negligence Per Se In Maryland Personal Injury Cases
Maryland personal injury lawsuits, although often complicated, boil down to four simple elements. In order to be successful, the plaintiff must prove (1) the defendant owed them a duty; (2) the defendant breached that duty; (3) the breach caused the plaintiff’s injuries; and (4) the plaintiff suffered real damages as…
The Doctrine of Res Ipsa Loquitur in Maryland Accident Cases
In some personal injury cases, there is no direct evidence that a party was negligent, but there is also no other reasonable explanation for how the plaintiff’s injuries occurred. The doctrine of res ipsa loquitur applies in cases in which negligence can be inferred, based on the circumstances, but there…
The Assumption of Risk Doctrine Is a Common Barrier to Maryland Plaintiffs
When someone is injured in a Maryland accident, state law allows them to file a civil lawsuit against the responsible party. In order to be successful in a negligence claim of this type, the plaintiff must prove four things. First, the defendant owed a duty of care toward the plaintiff…
Auto-Pilot Vehicles Still Pose a Major Safety Concern to Maryland Motorists
As technology advances, so do the safety features on automobiles. Many new models of vehicles now have automatic emergency braking, forward collision warnings, blind spot warnings, and more high-tech safety features designed to prevent crashes and make the roads safer. Some vehicles now even have autopilot features, in which vehicles…
The Complicated Relationship Between Maryland Personal Injury Law and Contract Law
In Maryland, plaintiffs in personal injury cases need to prove four things to be successful: the defendant had a duty of care; the defendant breached that duty through an act or an omission; the defendant’s breach was the proximate cause of the plaintiff’s injuries; and real damages were sustained. These…
Why Maryland Drivers Should Be Extra Cautious This Holiday Season
The holidays are a time of fun and festivities, with individuals across Maryland taking time off to visit family and engage in yearly traditions. With the cheer of the holidays, however, comes an unfortunate uptick in Maryland driving accidents. There are three main reasons that these accidents increase around the…