Maryland is a very busy, bustling state, so it has its fair share of car accidents, negligence and personal injury cases. Sometimes you don't even know where to pin liability. It might be you whose life was irrevocably changed; it might be a friend or family member. Whatever happened, if you need guidance for your personal injury case, Enjuris has the answers.
Maryland Personal Injury Cases & Accident Info
Maryland statutes online
This is where you’ll find Maryland's laws. The website has details about how long you have to bring a case, monetary limits on personal injury cases (also known as damage caps), and other important information.
In Maryland, you have three years to bring both personal injury and property damage claims. That means you have three years to file your paperwork with the court, not that your case has to be completed in that time frame.
The first meeting with a personal injury attorney is normally free. (Note that other legal specialties, such as taxation law or real estate law, are different.) After that, lawyers work on a contingency basis, which means that they will take a third of the eventual reward or settlement, plus whatever office expenses they incurred.
If your case ends up going to trial, the percentage could rise to 40% of the eventual reward or judgment. These numbers aren't determined by law, so don't be surprised if your lawyer suggests something else.
These are some cases of legal interest that came out of the Maryland courts:
McCulloch v. Maryland, 17 U.S. 316 (1819): This is a case that all incoming law students learn during their first year of school. Maryland tried to impede the operation of the Second Bank of the United States by taxing all notes of banks not chartered by the state. The Supreme Court invoked the Necessary and Proper Clause of the Constitution, which states as follows: "The Congress shall have Power... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." This established that the Constitution grants Congress implied powers to implement the Constitution's express powers so that the government may continue to function as intended. Secondly, a state's action may not impede valid constitutional exercises of power by the federal government.
Maryland v. King, 569 U.S. ____: (2013): When an officer makes an arrest for a serious offense that is supported by probable cause and brings that suspect to the police station to be detained, both taking and analyzing a cheek swab of that suspect's DNA is a perfectly legitimate booking procedure that the Supreme Court held to be reasonable under the Fourth Amendment of the United States Constitution. Like fingerprinting and photographing, the Maryland Act allows law enforcement authorities to collect DNA samples from individuals charged with crimes of violence, which the state defines as murder, rape, first-degree assault, kidnaping, arson, sexual assault, and other serious crimes. Once obtained, that sample cannot be processed until the suspect is arraigned or until he or she consents. Then the officer ensures there is probable cause to detain the suspect on a criminal offense.
Maryland v. Wilson, 519 U.S. 408 (1997): After stopping a car in which Wilson was a passenger, the trooper noticed that Wilson looked very nervous and ordered him to step out. When he did, a comically large amount of cocaine fell to the ground. He was arrested and charged with the intent to distribute. The court held that his Fourth Amendment rights had been violated, as only the driver should have been ordered out of the car and that did not extend to passengers. However, the Supreme Court held that the police may lawfully order passengers to exit a vehicle as well, under what is called the Mimms rule, as the additional intrusion of privacy upon them is minimal once the vehicle is stopped.
There are lots of issues you can solve without the help of an attorney, surprisingly enough. If you don't know where to start, a law librarian can help you. They are usually legally trained, and they can help you both with texts or online research engines like LexisNexis or Westlaw.