Maryland Is A Fault-Based State

After an accident, many people wonder how fault will impact their legal rights. In Maryland, determining which party is at fault is extremely important. If you are deemed at all at-fault for the accident, you will be unable to recover compensation beyond that which is covered by your own insurance company.

At the Law Firm of Michael H. Bereston, Inc., we understand the important role fault plays in injury litigation. Our attorneys work to prove the accident in question was the sole fault of the other party, preserving our clients' right to compensation.

What Is Contributory Negligence?

When evaluating accidents, Maryland contributory negligence. Under contributory negligence a plaintiff cannot recover if his/her acts contributed in any way to the accident.

It does not matter how little the plaintiff contributed to the accident. For example, if two people are in a car accident and it is determined that the plaintiff is one percent at fault, he cannot recover compensation from the defendant.

Maryland is one of the few states that still use contributory negligence. Most other states have comparative negligence laws. In these states, the plaintiff's compensation is reduced by his/her percentage of fault. For example, if the judge or jury awards $100,000 in compensation, but determines the plaintiff is 10 percent liable for the accident, the final compensation award is $90,000.

How Is Fault Determined?

A judge or jury will determine who is at fault in a specific accident. The determination will depend on the facts and the skill of your injury lawyer.

Attorney Michael H. Bereston has been advocating for the injured for more than 20 years. He has extensive courtroom experience. He begins each case with a thorough investigation of the facts and hires accident reconstructionists and other expert witnesses when necessary. He then uses the information gathered to build strong injury claims that maximize clients' compensation.

Contact Our Firm

If you were injured in an accident your ability to recover compensation for your injuries will hinge on whether you are deemed at fault for the accident. Make sure you have a skilled injury lawyer on your side. Contact our firm at 410-793-4554 to schedule your free consultation. Located in Annapolis, Maryland, we represent injury victims throughout the D.C. area.