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CLIENT ALERT – Personal Injury Cases To Become Faster and Less Expensive to Litigate under New Maryland Law

2021

There is some good news on the horizon for those who have been injured in auto accidents.  The Maryland General Assembly approved an amendment to the State’s Constitution to make court faster and cheaper for those hurt in auto accidents.  Now, Maryland voters will need to vote to approve the change as well.

If the citizens of Maryland approve the amendment, the change will make it faster and less expensive to get cases to trial for lawsuits filed for up to $25,000.00.  The change in the law will increase the threshold for defendants to request a trial by jury.

Presently, a defendant can request a trial by jury on any lawsuit requesting over $15,000.00.  Insurance companies commonly used this tactic to delay resolving suits.  Once a defendant asks for a jury trial, the case is transferred from the lower-level trial court (called the District Court) to the higher-level trial court (called the Circuit Court).

The proposed Constitutional amendment limits insurance companies from requesting a jury trial only if the amount sought is over $25,000.00.   The new law, if approved, will allow more cases to stay in the District Court.

District Court cases are resolved in a much quicker way. Typically, trials in the District Court can be presented to the presiding judge within about 6-8 months from filing.  In addition, there are fewer procedural hurdles and lower costs associated with getting a case to trial in the District Court.  In the Circuit Court, it can take well over a year for a case to go to court in front of a jury and the parties have to spend much more money on expenses such as mediation, depositions, and expert fees just to be able to step foot in court!

The personal injury attorneys at Bulman Dunie often are called upon to file lawsuits to fight for their clients and protect their clients’ rights.  We expect this change in the law, if approved by voters, will open the door to faster and less expensive lawsuits so our injured clients can recover more money without the long delays of having to wait for a jury to decide their case.

If you have questions about this law change or need help with a personal injury lawsuit, please contact Bulman Dunie. Dan Shaivitz, lead personal injury attorney, can be reached at (301) 656-1177 or dshaivitz@bulmandunie.com.

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