Elements of Negligence in Maryland
To prove negligence in Maryland, you must establish four elements:
1. Duty of Care: The first element is to establish that the defendant had a legal duty to act with reasonable care towards the plaintiff. In other words, the defendant had an obligation to avoid causing harm to the plaintiff.
2. Breach of Duty: The second element is to establish that the defendant breached their duty of care. This means that the defendant failed to act with reasonable care towards the plaintiff.
3. Causation: The third element is to establish that the defendant’s breach of duty caused the plaintiff’s injuries.
4. Damages: The final element is to establish that the plaintiff suffered damages as a result of the defendant’s breach of duty.
Comparative Negligence in Maryland
Maryland is one of several states that follows the doctrine of contributory negligence. Under this doctrine, if the plaintiff is found to be even slightly at fault for the accident, they may be barred from recovering any compensation.
However, there are some exceptions to this rule. In some cases, the defendant may be found to be more at fault than the plaintiff, and the plaintiff may still be able to recover compensation.
Statute of Limitations
In Maryland, the statute of limitations for personal injury cases is three years from the date of the injury. This means that you have three years from the date of the injury to file a lawsuit.
It’s important to note that if you miss this deadline, you may be barred from filing a lawsuit and recovering compensation for your injuries.
How COHEN|HARRIS Can Help
If you have been injured due to someone else’s negligence in Maryland, it’s important to seek the help of an experienced plaintiff’s law firm. A skilled attorney can help you navigate the legal system, gather evidence, and negotiate with insurance companies to help you get the compensation you deserve.
At COHEN|HARRIS, we have years of experience representing clients in personal injury cases, including those involving negligence. We are committed to helping our clients get the justice they deserve and will work tirelessly to ensure that your rights are protected.
If you have been injured in Maryland, contact COHEN|HARRIS LLC today for a free consultation. We’re here to help.