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Personal Injury Law Information Center

When facing a personal injury law matter, it is extremely important to consult an attorney who knows how to protect your interests today and in the future.

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Personal Injury Attorney John S. Smith • 410–768–7105

Find answers to your Maryland personal injury law questions below. Or you can return to the Personal Injury Page.

Motor Vehicle Accidents

What should I do if I was in a car accident?
How long do I have to bring a case?

Generally, three years. The time starts when you were injured or should have known you were injured. In some cases the time can be longer, such as when the person injured is under 18 years old. See Maryland Code, Courts and Judicial Proceedings Article Section 5-101.

What if all my medical bills were paid by my insurance company? Can I still sue?

Yes. Even if your medical bills were paid by Personal Injury Protection (PIP) or your health insurance company you can still sue for and be reimbursed for them.

What is Personal Injury Protection (PIP) Coverage?

It is "no-fault" insurance coverage. PIP coverage is very useful because it will pay medical bills and lost wages from an accident very quickly and without any hassle. A claim for PIP benefits must be made within one year of the accident. See Maryland Insurance Code Section 19-508.

What if I am in a hit and run accident? Can I still recover?

Yes. You can recover under your insurance policy's uninsured motorist provision.

What is contributory negligence?

Contributory negligence is a complete defense in Maryland. What that means is that if you contributed to your injuries, you cannot recover in Maryland. Of course, the other party has to raise this as a defense and prove it at trial.

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Medical Malpractice

Do I have a medical malpractice case? How do I know?

Medical malpractice cases can arise out of surgical malpractice, medication errors, birth injuries, and diagnosis errors, among other things. Medical malpractice is NOT just a bad outcome. In a medical malpractice case, the doctor must have violated the standard of care, which means the doctor had to do something medically wrong which caused your injuries.

You have to talk to a knowledgable and experienced attorney to know whether you have a medical malpractice case. The attorney will have to go over your medical records and may have to consult with a doctor to be able to tell you whether medical malpractice was committed in your case.

How long do I have to bring a case?

Generally, three years. The time starts when you were injured or should have known you were injured. In some cases the time can be longer, such as when the person injured is under 18 years old. See Maryland Code, Courts and Judicial Proceedings Article Section 5-101.

What are some common types of medical malpractice?

Some common types of medical malpractice are:

What is assumption of the risk?

Assumption of the risk is a complete defense in Maryland. You assume the risk when you go ahead and do something that you know is dangerous. If you "assumed the risk" of your injury, you cannot recover for being injured. Of course, the other party has to raise this as a defense and prove it at trial. See Hooper v. Mougin, 263 Md. 630 (1971).

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Wrongful Death

What is wrongful death?

Wrongful death is a cause of action that you can bring when a loved one dies as a result of someone else's actions. It can be part of a car accident or medical malpractice claim.

What can we recover in a wrongful death action?

The intent is to compensate family members who have suffered monetarily and emotionally from the death. Your family can recover for lost wages and benefits, loss of companionship and emotional pain and suffering.

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Workers Compensation

What are Maryland Workers Compensation benefits?

Workers compensation are benefits that must be paid to you if you qualify. You qualify, generally, if you are an employee who suffered a certain type of injury on the job.

What type of injuries are covered?

"Accidental personal injury arising out of and in the course of employment" are covered. An accident is when a sudden unusual or extraordinary event causes an unexpected result (injury).

Occupational diseases are also covered. Occupational diseases are illnesses caused by the circumstances surrounding the worker's job. For example, asbestosis is a disease that may have been caused by a worker's job of removing asbestos from buildings.

How much am I entitled to?

It depends.

For permanent total disability and temporary total disablity you would receive two-thirds of your average weekly wage, up to a maximum of the average Maryland weekly wage.

For permanent partial disability, you would receive one-third of your average weekly wage; the maximum you could receive depends on when you were injured. See the Maryland Workers Compensation Website for details.

For temporary partial disability, you would receive fifty percent (50%) of the difference between the your average weekly wage and your wage-earning capacity after your injury, but not more than 50% of the average Maryland weekly wage.

Here is the average Maryland weekly wage on the Maryland Workers Compensation website.

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