If you've ever been wronged by someone else — maybe they caused a car accident, spread harmful lies, or sold you a faulty product — you might have grounds for a tort claim.
But what does the term “tort claims” mean exactly? What is a tort large claim and a tort small claim?
This primer will explain what tort large claims in Maryland mean. That won’t be all, so here’s a breakdown of what we’ll cover:
Let’s start by answering what a tort claim is.
In the eyes of the law, a tort is a civil wrong that leads to some type of loss or injury. This injury isn't always physical. It can be financial, emotional, or even damage to your reputation.
When someone commits a tort against you, they become legally liable for your damages.
That’s a tort claim’s meaning: It's your way of seeking compensation for what you've lost or suffered.
Tort claims come in different varieties, each with its nuances:
Instead, they're held responsible simply because their actions (or products) were inherently dangerous. Defective products and dog bites are classic examples.
Tort claims pop up in all sorts of situations. Here are a few you might be familiar with:
Tort claims are split into two distinct categories: "small claims" and "large claims." The difference is the amount of money you're seeking.
Knowing the difference is critical because it influences where your case is heard, the rules you'll need to follow, and how you present your evidence.
With large claims, the stakes are higher, and the legal proceedings become more formal compared to small claims. You'll likely find yourself in District Court, where you'll need to navigate the rules of evidence, which can be quite strict.
To clarify, small claims are handled exclusively in the District Court of Maryland. Large claims can also be heard in the District Court of Maryland, but the legal proceedings are more formal than those in small claims court.
For large claims, either party may request a jury trial, which would transfer the case to the Circuit Court. For the most expensive claims, the case must be filed in the Circuit Court.
Clear, well-organized documentation is key to proving your case and securing the compensation you deserve. If you're facing a large tort claim, seeking legal counsel early on can help you build the strongest possible case.
The Maryland Tort Claims Act (MTCA) is a law that allows individuals to sue the state of Maryland for damages caused by its employees. The MTCA waives the state's sovereign immunity, which is a legal doctrine that protects the government from lawsuits.
The MTCA has several key provisions, including:
The MTCA also has several important limitations. For example, the state is not liable for damages caused by the acts of its independent contractors. Additionally, the MTCA does not apply to claims for medical malpractice.
Suing the state under the MTCA is different from suing a private party in many ways.
First, the state is immune from certain types of lawsuits, such as claims for punitive damages.
Second, the state has some defenses that are not available to private parties, such as the defense of sovereign immunity.
Finally, the procedures for suing the state are different from the procedures for suing a private party. That’s what we’ll talk about next.
In Maryland, you generally have the right to sue any individuals, businesses, and even government entities for causing you harm. However, there are some special rules and considerations to keep in mind, especially when dealing with the government.
Let’s take a closer look at these considerations:
If you've been injured due to someone else's negligence or intentional actions, you can typically sue them directly. This includes individuals, corporations, partnerships, and other types of businesses.
Things get a bit trickier when your claim involves a government entity, like the State of Maryland, a local government, or even a state employee.
That's where the Maryland Tort Claims Act (MTCA) and the Local Government Tort Claims Act (LGTCA) come into play. These laws set specific procedures and limitations for suing the government, and it's crucial to follow them carefully.
For instance, if you're suing the State of Maryland, you need to file a claim with the State Treasurer within one year of the incident. Similarly, claims against local governments require a notice to the appropriate authority within a year.
The government enjoys a certain level of protection known as sovereign immunity. This means it can't be sued without its consent. The MTCA and LGTCA waive this immunity in certain situations, allowing you to sue the government for negligence.
But there's a catch: Government employees are generally immune from personal liability for actions taken within the scope of their employment unless they acted with malice or gross negligence.
Proving this can be challenging, but it's sometimes possible to hold both the government and the individual employee accountable.
Filing a lawsuit can seem daunting, but breaking down the process into manageable steps can make it easier to follow. Let's go step by step:
If your claim is against the State of Maryland or one of its employees, the first step isn't filing a lawsuit — it's sending a claim letter to the State Treasurer's office.
This letter needs to outline the basics of your claim: who was involved, what happened, when and where it happened, the nature of your injuries, and how much compensation you're seeking.
Key insight: You have one year from the date of the incident to send this claim letter. Missing this deadline could seriously jeopardize your case.
After you've sent your claim letter, the State Treasurer will likely conduct an investigation, much like an insurance company would. This takes time, and you don't want to miss the statute of limitations for your lawsuit while waiting.
If your claim isn't resolved through the claim letter process, it's time to file a formal lawsuit in the District Court. This involves preparing and filing a complaint, which lays out the legal and factual basis for your claim.
Key insight: The general statute of limitations for personal injury cases in Maryland is three years from the date of the injury. However, specific circumstances may affect this deadline, so consulting an attorney early on is wise.
Once you've filed your lawsuit, you need to serve the defendant (the person or entity you're suing) with a copy of the complaint and a summons. This officially notifies them of the lawsuit and their need to respond.
In large claim cases, evidence is critical. Medical records, police reports, witness statements, photos, and expert opinions can all play a role in proving your case and maximizing your potential compensation.
Key insight: Maryland law allows you to present certain types of evidence, like medical bills and paid invoices, without needing a live witness to testify — but you need to follow specific procedures and deadlines. An attorney can guide you through this.
If your case doesn't settle, it will eventually go to trial. Here, you'll present your evidence and arguments to a judge (or a jury, if applicable). The judge will then issue a judgment, deciding whether the defendant is liable and, if so, how much compensation you're entitled to.
Pursuing a large tort claim in Maryland isn't always a walk in the park. There are some unique challenges you might encounter, and understanding them upfront can help you prepare for the journey ahead. Let’s look at three common hurdles you’ll find:
Large claims often involve intricate legal arguments, extensive evidence, and even expert witnesses. The rules of evidence are strictly enforced, and navigating the procedural maze can be tricky. If you're not familiar with the legal landscape, you might find yourself overwhelmed.
Large claims cases can drag on for months or even years. This means investing significant time and resources in gathering evidence, consulting experts, and attending court hearings. Legal fees can also add up, especially if your case goes to trial.
If you're up against a large corporation or the government, they likely have deep pockets and a team of lawyers ready to defend their interests. This can create an uneven playing field, making it even more important to have skilled representation on your side.
Now that you know the answer to the question “What does tort large claims mean?” consider how you can get the help you need to manage them.
While smaller claims might be manageable on your own, large tort claims often require the expertise of an experienced attorney.
These cases demand someone who understands the intricacies of Maryland tort law and has a proven track record of securing substantial compensation.
If you're grappling with a large tort claim in Annapolis, Maryland, look no further than Christopher L. Beard. His impressive case victories demonstrate his ability to navigate the challenges of these complex cases:
Christopher L. Beard's success stories speak for themselves. He's the advocate you need to fight for your rights and pursue the maximum compensation the law allows.
Don't face a large tort claim alone. Contact Christopher L. Beard today for a free consultation at (443) 569-3950 or toll-free at (888) 335-2899.
You can also email him at chris@attorneybeard.com to learn more about how he can help.
