Personal injury law is part of the law of torts in Maryland. The law allows you to claim and obtain monetary compensation if you suffer an injury to your body or mind resulting from someone’s wrongful action (tort).
Personal injury law comprises different types of cases:
Under the Maryland Wrongful Death Act, a wrongful death results from an intentional or neglectful act by a defendant that caused the death to the injured party, including personal injuries and felonies. It entitles a deceased person’s relatives, families and loved ones to bring an action upon their death seeking economic or non-economic damages. A spouse, parent, or child of a decedent may file a wrongful death lawsuit seeking such damages; however, if there are no living family members, anyone related to the decedent by marriage or a blood relative may file a lawsuit seeking such damages. Damage that may be claimed are: Economic Damages such as financial support, future earnings, financial benefits and that differ based on the relationship of the plaintiff and deceased; and Noneconomic damages for emotional pain and suffering, loss of companionship, mental anguish and several others covered by this statute.
Earl is a distinguished personal injury and wrongful death mediator with years of experience.
In Maryland, personal injuries and wrongful deaths result from intentional or negligent acts. Failing to act carefully (taking reasonable care to avoid injuring others) constitutes negligence. Examples of negligence torts include professional and medical malpractice, car accidents, etc. On the other hand, intention means a person willfully causes bodily or mental pain or death to another person (for example, intentional infliction of emotional distress, assault, and battery).
Proving personal injury and wrongful death claims in court means the injured person must show by a preponderance of the evidence that the defendant had the duty to act with reasonable care, that they failed to do so, and that this breach of duty caused the damages suffered.
The statute of limitation for bringing most personal injury and wrongful death claims in Maryland is generally three years from the date the harm occurs with some notable exceptions for claims by minors, discovery of harm in malpractice cases and is much shorter regarding some intentional torts or other causes of action. The statute of limitations for filing any particular case can be an extremely complex legal question. You should consult with your lawyer regarding the same and you should not rely on this site for any legal advice whatsoever. Victims can usually claim both economic and non-economic damages.
In addition, proving claims in court can be an arduous, time-consuming, and costly process. Litigation of any personal injury or wrongful death case can take many years, involve expensive attorney, costly expert fees for reports and testimony, court filing fees and the additional expenses and time delays associated with any potential appeal. In addition, litigation is generally ineffective in bringing reconciliation and healing between disputed parties.
As an alternative dispute resolution method, mediation offers multiple advantages over the lengthy, formal, stressful, expensive and inherently adversarial “win/lose” litigation process. Mediation give the parties the opportunity to discuss all disputed issues, find areas of agreement and compromise in a way that would never be possible in a lawsuit. Unlike litigation, mediation is a voluntary and collaborative process. Resolving personal injury and wrongful death disputes out of court through voluntary mediation as opposed to the adversarial litigation process is a confidential, quicker, less expensive, informal, timely, more cost-effective and much less stressful method of resolving such disputes.
Mediation is voluntary. The mediator has no authority to make a binding decision unless both parties agree to give the mediator that power. The mediator is a former judge, attorney, or neutral professional with experience in personal injury and wrongful death cases. The parties control over the process and ultimate resolution of the dispute in mediation is in stark contrast to litigation, where parties cannot choose a state-appointed judge or jury.
Because mediation is voluntary and confidential, the process is also flexible and can be adjusted to meet the wishes of the parties and unique needs of each case. During the introduction, the mediator presents their credentials and sets the procedural rules. Parties can then present uninterrupted opening statements as well as any facts, suggestions or opinions.
In private sessions (caucuses), the mediator goes back and forth between rooms to talk with each party privately and to exchange offers, facts, opinions and creative settlement suggestions.
In a joint session, parties meet at a negotiating table or in virtual room to exchange positions, offers and counteroffers openly.
Unlike litigation, a mediation can be scheduled promptly and lasts for either one day, several days or a few weeks. The costs are considerably lower, too. There are no hefty attorney fees or court filing fees which are typically incurred during each phase in litigation.
In mediation, everything the parties share during the sessions remains confidential. The mediator cannot reveal details of private talks to the other parties unless authorized. Likewise, sensitive personal information parties disclose during joint sessions will never become part of public records, including future litigation.
In contrast to the vindictive court process, mediation has a reconciliatory effect. The mediator’s role is to create a neutral and friendly environment, facilitating the negotiations between the parties (without giving legal advice or issuing a decision). Reconciliation is vital in personal injury and wrongful death cases, given that the relationship between the parties is already tense. Instead of adding insult to injury, mediators de-escalate the situation, trying to bring healing and reconciliation to the parties.
The mediator must remain neutral and does not represent either party or give legal advice but may propose voluntarily creative alternative solutions that may be acceptable to both parties. Unlike litigation, the parties are in control of the negotiations, the outcome and their own destiny. Upon completion of successful negotiations, the parties voluntarily resolve the dispute by drafting and signing a legally binding and enforceable settlement agreement.
As an approved Maryland Circuit Court Mediator, Earl J. Acquaviva Jr. has served clients in Baltimore City, Baltimore County, Anne Arundel County, Cecil County, Howard County, and Montgomery County since 2012. Earl became licensed to practice law in the Maryland State and Federal Courts in 1983. During his legal career and as Chief Litigation Counsel, Senior Vice President, General Counsel and Secretary of Bally Total Fitness Corporation, Earl managed all general liability and workers compensation claims adjusters and outside counsel through all phases of litigation, while also attending all significant hearings, mediations, settlement conferences and trials. At its peak, Bally operated over 400 fitness centers in 29 states and Canada, and employed over 20,000 employees servicing over 4 million members.
As a top-notch mediator, Earl will help you settle the most contested personal injury and wrongful death disputes. His approach includes using sophisticated negotiation techniques while upholding the highest ethical standards.