How Baltimore Injury Law Differs from Other Jurisdictions

Posted 18 September 2018 by in Legal

BALTIMORE – Personal injury and injury laws are complex legal domains that require the expertise of a knowledgeable personal injury attorney in Baltimore. Injury law in Baltimore and the surrounding counties of Maryland encompasses the following types of accidents and injuries:

  • Slip and falls
  • Car accidents and motor vehicle accidents
  • Construction accidents
  • Hit and run accidents
  • Injuries from defective products
  • Construction accidents
  • Medical malpractice
  • Negligent security
  • Premises liability
  • Wrongful death

Since injury law in Baltimore is predicated on determining a negligent party, almost all of injury law falls under the purview of state law. Also, statistics show that certain types of injuries are more likely to occur in the Baltimore area than in the rest of Maryland.

Legal

The most recent statistics and surveys from 2016 indicate that transportation accidents are the most significant cause of personal injury in the Baltimore area. In 2016, there were 50 fatal injuries caused by another’s negligence in the Baltimore area. Transportation accidents accounted for 14 fatal work injuries, while slip and falls accounted for a further 12 fatalities. Both of these categories covered under injury law in Baltimore accounted for more than half of all workplace fatalities in the Baltimore area. Nationally, transportation injuries are the most common cause of work-related deaths.

Also, worker deaths from transportation accidents increased over the course of 2016 by nearly two times, while fatalities from slip and falls increased six times. In Baltimore, the third highest cause of injuries and workplace fatalities was exposure to harmful chemicals at work. In 2016, there were six work-related deaths from exposure to objects and dangerous equipment, up from three deaths the year prior.

Statistically, in Baltimore the following individuals are the most likely to experience an injury related to workplace negligence:

  • 90% of victims are men
  • 52% of injured and killed workers are white and of non-Hispanic ethnicity
  • 56% of injured and killed workers are between the ages of 25 and 54
  • 78% of fatal injuries are workers who are salaried, and the remainder are self-employed

How is injury law in Baltimore different than other state injury laws?

Since injury law is governed by state laws and not by cities, an injury case or claim that is filed in Baltimore will be subject to Maryland’s injury laws and statutes.

Statute of Limitations

Injured parties have a specific window they must adhere to when making a claim. In Maryland and thus, Baltimore, plaintiffs have three years to file a personal injury claim. In some states, it only lasts for 2 years.

Shared Fault

Maryland is home to an incredibly harsh shared fault law. Plaintiff’s filing in Baltimore need to be aware that if they are found even 1% at-fault for an accident or injury, their compensation is automatically canceled out. This is referred to in Maryland as contributory negligence.

What is an example of shared fault or contributory negligence?

For example, you are employed in a fast food restaurant. You are required to purchase and wear special slip-resistant shoes while at work. The janitor decides to mop the greasy floors but fails to put up a sign indicating the floors are wet. You are wearing regular street shoes and not the required footwear to prevent a slip and fall. You walk on the floors, fall, and injure yourself, resulting in 2,000 dollars work of medical bills and 500 dollars in lost wages while you recover.

The judge finds that you were 20% at-fault for failing to wear the correct footwear while at work. Therefore, you were also negligent. Even though your employer was 80% responsible for your injury, you will not receive any compensation in Maryland or under injury law in Baltimore because of contributory negligence.

Getting hurt or injured is a part of life, but sometimes, there is a negligent party involved. If you’ve been injured because of someone else’s carelessness, you may be entitled to compensation under injury law in Baltimore. Contact an experienced personal injury attorney today to explore your options and get the compensation you deserve.