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A Complete Guide to Winning an Electrocution Lawsuit

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4th October, 2024

Electrocution lawsuits are complex legal battles, often involving severe injuries or even fatalities. Navigating these cases requires understanding Maryland's unique legal landscape and the specific elements that must be proven to secure a favorable outcome. 

This guide will walk you through the essential aspects of this type of lawsuit in Maryland.

You'll learn: 

  • Which are the most common types of electrocution lawsuits in Maryland 
  • What are the legal grounds for filing such a suit 
  • The step-by-step process of filing a claim
  • About the types of damages you can seek and strategies for proving negligence
  • The impact of Maryland's contributory negligence law on your case 
  • What to expect during the legal process

Common Types of Electrocution Lawsuits in Maryland

These lawsuits can arise from various scenarios, each with its own set of legal considerations. Here are three common types:

  1. Workplace accidents: When an electrocution occurs on the job, it often leads to a workers' compensation claim. 

    Note:
    A separate personal injury lawsuit might be possible if a third party's negligence contributed to the accident. For instance, if faulty equipment from a manufacturer caused the electrocution, the manufacturer could be held liable.
  1. Product liability cases: If a defective product, such as a malfunctioning appliance or power tool, causes an electric shock, the injured party can file a lawsuit against the manufacturer, distributor, or retailer.

  2. Negligence in public and private spaces: Electrocutions can also occur due to negligence in public areas or private properties. For instance, if a property owner fails to maintain safe electrical wiring or warn of hazards, they could be held liable for injuries.

Legal Grounds for an Electrocution Lawsuit

To win an electrocution lawsuit in Maryland, you must establish the following legal elements:

  • Duty of care: The defendant owed the victim a duty of care to prevent foreseeable harm.
  • Breach of duty: The defendant failed to fulfill this duty by acting negligently or recklessly.
  • Causation: The defendant's breach of duty directly caused the victim's electrocution.
  • Damages: The victim suffered actual harm, such as physical injuries, medical expenses, lost wages, or, in the worst cases, death.

Identifying the responsible parties is another critical aspect of an electrocution lawsuit. It may involve individuals, companies, or even government entities depending on the circumstances of the accident. An investigation is often needed to determine all liable parties.

A thorough investigation is particularly important in cases where someone is electrocuted at work — for example — as it may involve determining the liability of employers, coworkers, or third-party contractors.

Lawyer's pro tip: Discover all potential defendants. Some remain unknown without persistence.

How To File an Electrocution Lawsuit in Maryland

We’ll now do a quick breakdown of the steps involved in filing an electrocution lawsuit in Maryland. They go as follows: 

  • Consult an attorney: Seek legal counsel from an experienced personal injury attorney specializing in electrocution cases.
  • Investigate the accident: Your attorney will conduct a thorough investigation to gather evidence, identify liable parties, and assess the extent of your damages.
  • File a complaint: Your attorney will draft and file a formal complaint with the appropriate court, initiating the lawsuit.
  • Discovery: Both sides exchange information and evidence through depositions, interrogatories, and requests for documents.
  • Settlement negotiations or trial: Your attorney will attempt to negotiate a fair settlement with the opposing party. If a settlement cannot be reached, the case will proceed to trial.

It is vital to act quickly after an electrocution accident, as Maryland has a statute of limitations for filing such lawsuits. Generally, you have three years from the date of the injury or death to file a claim.

Lawyer's pro tip: Capture the evidence before it disappears. This means photography of the scene and preserving the electrical equipment that was involved in the accident.

Damages You Can Claim in an Electrocution Lawsuit

While the average compensation for electric shock varies depending on the severity of the injuries and other factors, it's crucial to understand the full spectrum of damages you may be entitled to claim. Here are three of the most common ones:

  • Economic damages: These include tangible losses such as medical bills, lost wages, rehabilitation costs, and future medical expenses.
  • Non-economic damages: These cover intangible losses like pain, suffering, emotional distress, loss of enjoyment of life, and disfigurement.
  • Wrongful death: If the electrocution resulted in a fatality, the victim's family could file a wrongful death claim to recover damages for their loss, including funeral expenses, loss of financial support, and loss of companionship.

Lawyer's pro tip: Interview the family right away. They likely have spoken to first responders and others regarding causation.

How To Prove Negligence in an Electrocution Case

Proving negligence requires demonstrating that the defendant's actions or inactions fell below the accepted standard of care. This often involves presenting evidence such as:

  • Accident scene photos and videos: Visual documentation of the accident scene, including the electrical equipment and surrounding environment.
  • Medical records: Detailed medical records documenting the victim's injuries and treatment.
  • Witness statements: Testimony from individuals who witnessed the accident or have knowledge of the circumstances leading to it.
  • Expert testimony: Expert witnesses, such as electricians or engineers, can provide specialized knowledge to explain the cause of the electrocution and establish the defendant's negligence.

Lawyer's pro tip: Hire good experts. Each has particular strengths depending on the type of case. Beware that they all say they are qualified.

How Maryland’s Contributory Negligence Law Affects Your Case

Maryland follows a strict contributory negligence standard. This means that if you are even slightly at fault for the accident, you cannot recover any damages.

 This law can significantly impact your case, making it crucial to have a skilled attorney who can navigate this challenging legal landscape.

Your lawyer will work to gather strong evidence demonstrating the defendant's negligence and minimizing any potential claims of your own fault. Strategies may include:

  • Proving the defendant's sole negligence: Your lawyers can try to establish that the defendant's actions were the sole cause of the electrocution.
  • Demonstrating the defendant's gross negligence: Gross negligence in Maryland doesn’t automatically override contributory negligence claims, but it may influence how the court assesses fault. 
  • Highlighting the "Last Clear Chance" doctrine: If the defendant had the last clear chance to avoid the accident but failed to do so, you may still recover damages.

Lawyer's pro tip: Caution the clients about giving recorded or other statements.

What To Expect During the Legal Process

The legal process in an electrocution lawsuit can be lengthy and complex. Here's a general overview of what to expect:

Pre-Trial Procedures

The initial phase involves pre-trial procedures, primarily focusing on discovery, where both sides exchange information and evidence relevant to the case. 

This process includes depositions too. Depositions are instances where witnesses provide sworn testimony, interrogatories, which are written questions requiring written answers, and requests for documents related to the accident. 

Additionally, motions may be filed to address specific legal issues or challenges that arise during the pre-trial phase.

Settlement Negotiations or Trial

Once discovery is complete, your attorney will likely engage in settlement negotiations with the opposing party. This process involves attempting to reach a mutually agreeable resolution without going to trial.

 If a fair settlement cannot be reached, the case will proceed to trial.

Courtroom Expectations

If your case goes to trial, it will be heard in a formal courtroom setting with a judge and jury. Your attorney will present evidence, call witnesses, and argue your case, aiming to prove the defendant's negligence and the extent of your damages. 

The opposing party will have the opportunity to present their own evidence and arguments. Following the presentation of both sides, the jury will deliberate and ultimately reach a verdict.

Lawyer's pro tip: Depose the witnesses — they will disappear.

Why Is Christopher L. Beard the Ideal Attorney for an Electrocution Lawsuit

When facing the aftermath of an electrocution or any personal injury, you need a legal advocate with a proven track record and a deep understanding of Maryland's legal landscape.

Christopher L. Beard is that advocate. His unwavering commitment to client advocacy and ethical standards, coupled with his innovative approaches to injury cases, has consistently led to exceptional results for his clients. 

He has handled cases involving an electrical box explosion, old knob and tube electrical wiring shorts resulting in death, medical equipment explosion, electrical contractor’s inspection negligence, lack of ground fault interrupters and death, and other high-power electrical contact and shock matters involving jackhammer and equipment mishaps.

Mr. Beard's expertise shines in complex cases like electrocution lawsuits, where he has secured substantial settlements, including $1.1 million in a wrongful death suit. His successful track record extends to other areas like medical malpractice and wrongful death. 

If you've been injured, don't navigate the legal system alone. Contact Christopher L. Beard today for a free consultation or call (443) 569-3950. He'll provide clear guidance, support, and tireless advocacy to help you secure the compensation you rightfully deserve.