You can be injured, shaken up, and still not know if what happened to you legally counts as personal injury. That confusion is more common than people think. It feels like you should have a case; someone caused harm, and now you’re dealing with it. Understanding how the law views your situation can make all the difference.
However, in Maryland, the rules are tight. Even minor mistakes can result in the loss of everything. So let’s talk through some of the situations that might qualify to help you ask better questions when you finally do speak to a lawyer. An experienced firm like Price Benowitz Accident Injury Lawyers, LLP, can help you understand your options. Because that’s who will actually tell you what you’re dealing with.
When an Injury Becomes a Legal Claim
“In Maryland, you can be seriously hurt and still have no case. The law is strict, and the margins are thin,” says Personal Injury Attorney John Yannone of Price Benowitz Accident Injury Lawyers, LLP.
No matter how you got hurt, the law is looking for something specific. To qualify for compensation in Maryland, your situation has to check a few critical boxes. Here they are:
- Duty of care: The law starts by asking, “Did this person have a responsibility to act with care toward you?” In most cases, the answer is yes.
- Breach of duty: Then it looks at whether they failed to meet that responsibility: was their behavior reckless? Sloppy? Ignoring something they should’ve taken care of?
- Causation: Their actions have to be the reason you got hurt.
- Harm: And the injury has to count. You have to show that you actually suffered in a way that matters: physically, financially, or emotionally.
Common Scenarios Where You May Have a Case
So now that you know what makes a case a case, the next question is, when does that happen in the real world? These are some of the most common situations where personal injury claims come into play.
Car Accidents
If you were in a car accident and you think the other driver was at fault, talk to a lawyer. Maryland is one of the toughest states when it comes to personal injury claims from car crashes. Why? Because of something called pure contributory negligence. It means if you’re found even 1% responsible for what happened, you’re automatically barred from recovering anything. No exceptions. So, before you even get to the insurance part, you have to prove fault clearly and completely.
If the other driver has coverage, that’s where the compensation comes from. But if they don’t? You’ll be relying on your policy to step in.
Slip and Fall Accidents
Falling on someone else’s property does not automatically imply you have a case. Slips and falls are treated under Maryland law as premises liability, which focuses on whether the property owner acted reasonably to maintain things safely. But the legal duty they owe you depends on what kind of visitor you were.
A paying customer gets more legal protection than a social guest, and both get more than someone who was never supposed to be there in the first place. And because this is Maryland, if you’re even slightly to blame for your fall, the law won’t cover you.
Medical Malpractice
Medical malpractice cases in Maryland come with more legal red tape than most people expect. Before your case can even get off the ground, you have to file a certificate from a qualified expert, someone in the same medical field, stating that your provider failed to meet the standard of care. And that has to happen within 90 days of filing.
On top of that, every malpractice case must first go through Maryland’s Health Care Alternative Dispute Resolution Office, a system designed to screen and possibly resolve claims before they ever reach court.
Bottom line? These cases are complex from the jump, and you need a lawyer who understands the system inside and out.
Workplace Accidents
If you’re injured on the job in Maryland, the first route you usually take is through workers’ comp. It’s a no-fault system, which means you don’t have to prove anyone did anything wrong to get help, just that the injury happened while you were working.
You can get medical coverage, partial wage replacement, and sometimes compensation for permanent injuries. But workers’ comp typically bars you from suing your employer directly.
That said, what if a third party, like a subcontractor, a vendor, or even a reckless driver, played a role in what happened? You may have a personal injury claim on top of your comp case. That second path can open the door to damages like full wage loss and pain and suffering that comp alone won’t cover.
Final Words
Of course, not every possible injury scenario made it into this article. Life doesn’t always fit into tidy categories. But if you’re still dealing with the aftermath of something that feels off, it’s worth asking a lawyer. A short conversation might give you peace of mind. Alternatively, it may uncover something worthwhile. In either case, asking is the only way to find out for certain.