In the aftermath of your traumatic personal injury accident, you may undergo a rollercoaster of emotions. Initially, you may feel shock over the unexpected event. Then, you may be sad over the bodily injuries and property damage you were left to deal with. Lastly, you may feel guilt that you possibly contributed to this event happening in the first place. Well, your judgment may be clouded during this vulnerable time, so you should not give up the hope of a personal injury case just yet. With that said, please continue reading to learn the legitimacy of your legal claim if you were partially at fault and how one of the experienced Prince George’s County injury lawyers at Miller Berman, LLC, can help you have a fighting chance. 

How might a defendant argue I’m partially at fault for my injury?

Naturally, when you file a personal injury claim against a negligent party, they will employ every legal tactic necessary to pin some of the blame on you, regardless of how accurate it is. And so, below are examples of possible arguments they may make against you, depending on the type of accident you were involved in:

  • In an auto accident: the defendant may argue that you were driving above the enforced speed limit in the moments before your collision. 
  • In a slip and fall accident: the defendant may argue that you were distracted on your phone when you encountered a potentially hazardous condition. 
  • In a dog bite accident: the defendant may argue that you were teasing, tormenting, or hurting their dog in the moments before the bite or attack.

This is why, as a plaintiff, you have a burden of proof to establish your position. This means collecting enough information from a police report, witness testimonies, personal photos, surveillance camera footage, hospital records, and more to shut down the defendant’s attempts to get out of being held financially responsible. 

Does it matter if I’m partially at fault for my injury in Maryland?

You must understand that Maryland is one of only four states, along with the District of Columbia, that still observes a strict contributory negligence doctrine. Under this doctrine, if a plaintiff is found to be even one percent at fault for their personal injury accident, they may be completely barred from collecting a financial payout for their injuries and damages. 

Sadly, your partial fault would have mattered less if your accident took place in another state. Most other U.S. states have moved to a comparative negligence model. With this standard, a plaintiff may recover damages so long as they are not more liable than the other party or parties involved. Their recovery may then be adjusted according to this percentage.

Understandably, it is frustrating that, in some states, you could have recovered 99 percent worth of your claimed damages for being one percent at fault. But in Maryland, this means that you will earn $0 despite your medical bills, lost wages, and pain and suffering being very real. Our team understands the weight of this, and we will fight tirelessly for this zero percent fault. 

We understand how desperate it may feel to need financial compensation for your injuries or damages, but seeing your legal claim slip from your grasp. Well, to give yourself the best odds at a successful ending, please hire one of the skilled Prince George’s County injury lawyers to represent you. Miller Berman, LLC is here for your legal aid.