Maryland Personal Injury, Accident, and Victim's Rights BlogThere are several strategies that the best and most successful Maryland trial lawyers do to increase their chances of obtaining significantly higher damages awards at trial. Intense preparation is, naturally, first and foremost among that list. Too many inexperienced personal injury lawyers leave the damages component as an afterthought, focusing all their energy on proving the liability component — i.e., proving who was at fault, who was negligent, who breached a duty owed to the injured victim, and who was at fault for causing the injury. To be sure, proving liability is absolutely critical to prosecuting a personal injury case. Without proving liability, there is no recovery at all. But it is a shame to win a hard fought jury verdict in favor of your client, only to have the jury return a damages award that is too low and does not account for the full extent of pain and suffering that a client has endured, which by the time you get to trial, is usually measured in years.
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Maryland Personal Injury-The Benefit of Health Insurance
Experienced Maryland personal injury lawyers are well aware of the benefit to their personal injury clients who use their health insurance to pay for their medical expenses. Whether injured in an automobile accident, trucking accident or the victim of some other type of personal injury, victims who are advised by their attorney to use their health insurance will significantly increase their financial recovery.
Maryland Automobile Accidents-Personal Injury Protection (PIP)
Persons injured in automobile accidents in Maryland may be eligible for Personal Injury Protection (PIP). Personal Injury Protection is a common no-fault insurance provision which benefits persons injured in automobile accidents to collect money as reimbursement for medical bills and lost wages. Most Maryland automobile insurance policies are written to allow up to $2500.00 in PIP benefits. Some Maryland insurers will allow for up to $10,000.00 in PIP benefits for injured persons.
Eligible injured parties may include both drivers or passengers in automobile or truck accidents. A person may be excluded from recovering PIP benefits for personal injury or lost wages if they previously waived PIP on their own automobile policy. For injured persons who do not have a Maryland automobile insurance policy, they are normally eligible for PIP benefits as long as they do not live in the same household with someone who has a Maryland automobile insurance policy and has waived PIP benefits.
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Maryland’s Uninsured/Underinsured Motorist Law is Intended to Protect Innocent Victims
Maryland uninsured/underinsured motorist statute is intended to protect innocent victims from the nelgigent conduct of irresponsible drivers who drive without insurance. Maryland courts have demonstrated a tendency to liberally construe the uninsured/undersinured motorist statute to ensure that, when appropriate, the victims of automobile accidents are adequately compensated for the personal injuries they may suffer as a result of such accidents.
Maryland Personal Injury Law Prohibits Lawsuits Against Operators of Emergency Vehicles
Under Maryland personal injury law, the driver of an “emergency vehicle” cannot be sued in his or her individual capacity for damages resulting from negligent conduct committed while operating an emergency vehicle in the course of providing “emergency service.” An “emergency vehicle” includes police vehicles. “Emergency service” includes responses to any emergency call or the pursuit of a suspected criminal. This shield from a personal injury lawsuit does not apply to malicious acts or acts of “gross neligence.”