Maryland is one of four states that still apply contributory negligence instead of comparative negligence. Based on the law of contributory negligence, if you contributed to the accident in any way, you have no claim against the other driver who was the primary cause of the accident. Even if you contributed as little as 1% to the accident and the other party was 99% liable for the accident, you are barred from recovery.
Damages in auto accident cases
- Economic losses:
- Medical expenses- all medical bills you have incurred as a result of your injuries.
- Lost wages & diminished earnings
- Non-economic losses– intangible losses that do not have a dollar amount attached to them
- Pain & Suffering- physical pain and mental anguish
- Property Damage:
- You are entitled to be made whole for any damages to your personal property. The at-fault driver must pay to have your vehicle repaired. Your vehicle will be considered a “total loss” if it would cost more to repair the vehicle when the vehicle is worth.
Is there a statute of limitation for auto accident cases?
There is a deadline or statute of limitation on the amount of time you have to file a lawsuit with the Court after an accident. Generally, the statute of limitations for an auto accident case is three years from the date of the accident. Failure to act within the required time period could bar you from any recovery. It is important to get an attorney involved as soon as possible to work with you on the case from start to finish. Waiting until the deadline to file a lawsuit could severely hinder your case.