When a person is found liable for an accident, the individual is typically responsible for paying for damages and losses sustained by the accident victim in the case. Unfortunately, a state’s negligence laws can cause plaintiffs to get less than what they are owed or be awarded nothing at all. Here’s more information about Maryland’s negligence laws that accident victims should discuss in more detail with car accident lawyers in Waldorf MD.
Maryland Uses Contributory Negligence Laws
Most states use comparative negligence when awarding compensation for injuries and losses sustained due to a car accident. In this scheme, the court awards plaintiff’s damages that are in proportion to the amount of responsibility assigned to defendants. If the defendant is found to be 80 percent liable for the accident, for instance, he or she would only be required to pay 80 percent of the money owed (e.g. $8,000 of a $10,000 award). The other 20 percent would either be assigned to another party involved in the accident or is eaten by the plaintiff if the court feels the person contributed that amount to the accident.
Unfortunately, Maryland uses contributory negligence when determining how much, if any, money the plaintiff should get in the accident case. If the plaintiff is found to be even 1 percent liable for the accident, he or she won’t get any type of monetary award.
Winning the Case
Luckily, in Maryland, the burden of proof is on defendants to show that plaintiffs were also liable for accidents. However, sometimes this makes defendants less willing to settle their cases because they believe that, if they can show the plaintiff was equally liable, they can avoid having to pay compensation for damages altogether.
This is why it’s important that accident victims consult Car Accident Lawyers in Waldorf MD, to develop ways to rebut any attempts defendants may make in this area. An attorney may be able to convince the defendant that continuing to litigate the case would be much more expensive than simply settling.
For more information about contributory negligence laws in Maryland or to hire an attorney, check out website domain.
