What is a Tort Case, and What does it Involve in Maryland?

In Maryland, a tort case refers to matters concerning a wrongful action that leads to an individual’s injury. Thus, that individual is empowered under the Maryland tort laws to sue the person or company that committed the wrongful act and get monetary compensation.

In Maryland, the court with jurisdiction over the state’s tort cases is the Maryland District Court. Generally, the tort laws can be categorized into three major classes, which are (1) Intentional torts, (2) Strict liability (3) negligence.

• Intentional torts are offenses from persons acting with a specific or general intent. Some common examples of intentional torts are intentional infliction of distress, trespass, conversion, false improvement, battery, assault, and more. 
• Strict liability refers to a no-fault liability. This has to do with liability that does not involve an intent to harm or actual negligence. This concerns a breach of duty by a party to ensure safety. In this case, the complainant does not have to prove that the accused was negligent to win damages. The two main areas of this are (1) Abnormally harmful activities, (2) Defective products.
• Negligence torts are the most common cases. Maryland recognizes 4 elements in a negligence tort claim, which are:
  • The defendant had a duty to prevent injury from happening
  • The defendant breached the duty
  • As a result of this failure, the plaintiff suffered injuries
  • The injury/loss was a direct result of the collapse of the defendant to perform the duty

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

What is Maryland Tort Law?

The Maryland tort law is a constitutional guide for all residents in the state concerning tort actions. Tort actions are civil litigations made by persons seeking damages for an injury or loss that resulted from the defendant’s failure to perform certain duties. Among other issues, the Maryland tort law covers the statute of limitations law. This law states the amount of time a plaintiff has to file a legal action against a defendant.

What Kinds of Cases are Covered by Tort Law in Maryland?

In Maryland, the cases that the state’s tort law caters to can be classified into four categories, which are economical & non-economic loss, medical claims, and motor-vehicle loss. The common type of tort cases in Maryland is covered under these four categories.

• Economic loss: workers compensation, defective products, class action lawsuits, and construction site accidents 
• Medical claims: defective drugs and defective medical devices
• Non-economic loss: skateboarding accidents, dog bites, elder abuse, escalator accidents, brain injuries, wrongful deaths, equine accidents, drowning & swimming pool accidents, assaults, slip & falls, burn injuries, elevator accidents, and skiing accidents 
• Motor-vehicle loss: vehicle & transportation accidents and truck accidents

What are the Differences Between Criminal Law and Tort Law in Maryland?

Also known as personal injury law, the Maryland torts have three distinctive elements that separate it from the crime, which are;

• Method: Tort laws deal with actions that are classified as wrong acts perpetrated against a person. On the other hand, criminal law concerns illegal acts that affect the social order. 
• Intent: Tort laws also consider unintentional acts, and sometimes they have to do with accidents resulting from negligence. The law recognizes that negligence can still cause severe injuries. Therefore tort cases are heard in civil courts. There, damages are calculated based on the losses of the victim. The Maryland Criminal Law, on the other hand, concerns intentional and planned acts that affect society.
• Effect on Society: The manner in which crimes and torts impact society differ, although both are negative. Tort laws are known as personal injury laws because they deal with the distress and well being of the party seeking legal action.

Crimes affect the community on a grander scale. Thus the criminal laws are designed to ensure that all criminals are properly punished.

However, there are situations whereby crimes and torts coincide together within a singular criminal act. Generally, this entails a party getting injured at a crime scene.

What is the Purpose of Tort Law in Maryland?

The Maryland tort laws were established to ensure that persons that suffered injuries are duly compensated. Therefore it gives the courts constitutional power to examine grounds for damages for any resident who has suffered an injury or loss regardless if it was intentional or not.

What is a Tort Claim in Maryland?

In Maryland, a tort claim is a petition for damages by a party who has suffered some form of injury or loss from the defendant’s actions or inactions. The harm for which compensation is being sought could be psychological, financial, physical, or emotional. The Maryland House Bill 636 states the requirements for making a tort claim.

How Do You File a Tort Claim in Maryland?

To file a tort claim in Maryland, the plaintiff must complete a complaint form, which is available on the state’s official website. Also, the person must pay the $34.00 filing fee (for small tort claims) or $46.00 (for. large tort claims)

After the payment is complete, the court will serve the defendant a Writ of Summons, then wait to receive a confirmation (Proof of Service) that the other party has been served. The Plaintiff should endeavor to make sure they name the correct offender, as this is a common error.

What Does a Tort Claim Contain in Maryland?

Pursuant to section 12–107 (Maryland statutes on tort claims), the tort claim should include;

• A statement detailing the factual nature of the tort, the date it happened, and the place
• The specifics of the requested damages
• Name & location of the involved parties
• The name, phone numbers, and address of the plaintiff’s counsel ( if applicable)
• The plaintiff or the representative’s signature on the statement

What Happens after a Tort Claim is Filed in Maryland?

After filing a tort claim, the court will notify both parties of the trial date. The plaintiff should be prepared to provide evidence and present witnesses (if available) to prove the claim. When all court proceedings are complete, the court will give the verdict.

Both parties will be served a copy of the verdict. If the court’s verdict favors the complainant, an order will be issued to effect payment. However, if the offender refuses to pay as ordered by the court, the plaintiff might need to take further action in the court.

Why Do I Need a Personal Injury Lawyer for a Tort Claim?

Persons who intend to file a tort case are advised to do so with a lawyer’s assistance, as they can help with the paperwork and gathering of evidence.

With the guidance of a credible tort lawyer, the chances of winning a tort claim in Maryland are increased. However, securing a tort lawyer’s services depends on the discretion of the complainant since hiring a lawyer is not a requirement to file a tort claim.

How Can I Find a Personal Injury Lawyer Near Me?

Generally, interested persons can find personal injury lawyers online as specific third-party sites offer users the opportunity to search by county. The Maryland Bar Association provides a county by county repository to help interested persons find lawyers. Also, in Maryland, the local court clerk usually provides information on finding credible tort lawyers in the county.