One of the elements that individuals filing a Maryland negligence claim have to prove is causation. But even if a court finds a defendant’s acts or omissions were the cause-in-fact of the plaintiff’s injuries, the court will also consider whether the defendant’s negligent actions are a legally cognizable cause—that is,…
Insurance companies play a crucial role in ensuring that Maryland car victims are not left destitute after a disastrous accident. Although insurance companies boast the benefits of their policies, their interests lie in preserving their financial standing. As such, many insurance companies engage in bad faith practices to avoid paying…
If a victim is injured in a Maryland motor vehicle accident, there may be a question of where a defendant can be sued. Jurisdiction refers to the ability of a court to hear and make a decision about a case. Some courts are limited to hearing certain types of cases…
A Maryland car accident lawsuit begins with the filing of a complaint against one or more defendants. Filing pleadings against fictitious persons are known as “John Doe” pleadings. Maryland law does not specifically authorize John Doe pleadings. However, Maryland does permit parties to amend pleadings to add a party or…
Although some cases go to trial, many Maryland car accident cases are decided by the court based on the evidence and pleadings. After the evidence has been submitted, a party can file a motion for summary judgment to have the court rule on the issues in the case. Under Maryland…
Proving damages is an essential part of any Maryland car accident case. In addition to establishing a defendant’s liability, the plaintiff has the burden to prove their damages. Generally, damages must be proven by a “preponderance of the evidence,” which means that it is more likely than not to be…
Drunk driving remains an issue in Maryland, just as it does across the country. Due to the severity of the issue, in some states, social hosts and commercial establishments can be held liable for providing alcohol to guests if another person is injured as a result of a Maryland car…
In some cases, a plaintiff may need to add or change the defendant in a Maryland car accident case after the case has already been filed. Maryland Rule 2-341 explains when a party may amend pleadings in a case. Some of the circumstances in which a party may amend pleadings…
In a Maryland car accident case, the plaintiff has an obligation to mitigate their damages. This means that they must use reasonable efforts to minimize the effects of their injuries, for example, by undergoing medical treatment to avoid more serious injuries. If a defendant can establish that a plaintiff failed…
In a Maryland car accident case, evidence is legally sufficient if a reasonable jury could find it satisfies the party’s burden of proof. In any case, the party that has the burden of proof must produce some evidence supporting their position. If the party fails to do so, the judge…