Maryland’s Personal Injury Laws for Construction Accidents
Maryland’s personal injury laws are designed to protect individuals who suffer injuries due to the negligence of others, especially in high-risk environments like construction sites. Understanding these laws is crucial for victims of construction accidents seeking compensation for their injuries. In this article, we will explore key components of Maryland’s personal injury laws specifically related to construction accidents.
One important aspect of Maryland’s personal injury law is the doctrine of comparative negligence. This means that if the injured party is found to be partially at fault for the accident, their compensation may be reduced by their percentage of fault. For example, if a construction worker is injured while not using proper safety equipment and is deemed to be 20% at fault, their potential compensation will be reduced by that amount. However, Maryland follows a “contributory negligence” rule, which can prevent an injured party from receiving any compensation if they are found to be even 1% responsible for the accident.
Another vital consideration in construction accident cases is determining liability. In many situations, liability may not rest solely on the construction company; subcontractors, equipment manufacturers, or even property owners may share fault. This complexity underscores the importance of gathering evidence and conducting a thorough investigation after an accident. Victims may need to work with legal professionals who can help establish liability and navigate the claims process effectively.
Victims of construction accidents in Maryland have the right to pursue compensation for various damages, including medical expenses, lost wages, and pain and suffering. To succeed in a personal injury claim, the injured party must demonstrate that the other party’s negligence directly caused their injuries. This often involves collecting medical records, witness testimonies, and other relevant documentation to support the claim.
Maryland law also stipulates deadlines for filing personal injury claims, known as the statute of limitations. In most cases, injured individuals have three years from the date of the accident to file a claim. Failing to do so within this time frame can result in the loss of the right to seek compensation, making timely action essential for victims.
If the accident involves a worker who was an employee at the construction site, workers’ compensation may also play a role. Maryland employers are generally required to carry workers’ compensation insurance, which provides benefits for medical expenses and lost wages without the need to prove negligence. However, pursuing workers’ compensation may limit an employee’s ability to file a personal injury lawsuit against their employer.
In summary, navigating Maryland’s personal injury laws for construction accidents can be challenging due to the nuances of liability, the contributory negligence rule, and the limitations imposed by the statute of limitations. If you or someone you know has been injured in a construction accident, consulting with an experienced personal injury lawyer can help clarify your rights and options for seeking compensation. Understanding these laws can empower victims to take the necessary steps towards recovery and restitution.