Blog | [[title]] https://www.southernmarylandlawfirm.com/blog 2026-06-29 22:05:33 Blog | [[title]] en-gb How Does Maryland Handle Comparative Fault in Injury Cases? https://www.southernmarylandlawfirm.com/blog/how-does-maryland-handle-comparative-fault-in-injury-cases https://www.southernmarylandlawfirm.com/blog/how-does-maryland-handle-comparative-fault-in-injury-cases When you’ve been injured in Maryland due to someone else’s actions, the way fault is assigned will determine whether you can recover anything. Talk to a personal injury attorney in Upper Marlboro, MD right away to find out how to best protect all your rights.

Comparative Fault in Maryland

Maryland does not use comparative fault in injury cases: it uses pure contributory negligence. Under this rule, if you bear any fault at all, even as little as 1%, you cannot recover damages.

Comparative fault systems are used in most other states. In those jurisdictions, courts or juries assign a percentage of fault to each party, and your compensation is reduced by your share. Maryland’s approach is an all-or-nothing rule, and only a handful of states still follow this strict rule.

Who Decides Fault?

Typically the insurance adjuster will make this determination, and if you don’t agree and you’re not able to get them to negotiate, the case will go to trial and a jury will decide after hearing all the evidence. They look at whether your actions fell below the standard of ordinary care that a reasonably prudent person would use in the same situation, and, if they did, you might be unable to recover anything.]]> Car Accidents 2026-04-08 00:00:00 What Should You Know About the Criminal Trial Process? https://www.southernmarylandlawfirm.com/blog/what-should-you-know-about-the-criminal-trial-process https://www.southernmarylandlawfirm.com/blog/what-should-you-know-about-the-criminal-trial-process Facing criminal charges is a stressful thing, but knowing something about how the trial process works can help. A Waldorf, MD criminal defense attorney can explain the steps ahead in more detail and help you make informed choices according to how these steps will apply in your case.

The Criminal Trial Process in Waldorf, MD

Initial Appearance and Bail Review

Your first court date is called an initial appearance, and it happens soon after arrest. A judge or commissioner explains the charges, the maximum sentence for each, and your right to get legal counsel.

At this review, the judge decides if you stay in custody or get released, and it helps a lot to have a lawyer by your side to argue for you here. Factors the judge will consider include whether you’re a flight risk or a danger to the community and whether you have a criminal history.

Discovery and Pretrial Motions

Next, both sides exchange information in a process called discovery. The prosecution shares their evidence, and your lawyer must provide details about your defense. This phase uncovers strengths and weaknesses on both sides so you can decide if a plea deal makes sense and stipulate to certain facts that everyone agrees on.]]> Farmer and Klopfer Law Firm Service 2026-03-03 00:00:00 Can You Sue for Emotional Distress After a Car Accident? https://www.southernmarylandlawfirm.com/blog/can-you-sue-for-emotional-distress-after-a-car-accident https://www.southernmarylandlawfirm.com/blog/can-you-sue-for-emotional-distress-after-a-car-accident In Upper Marlboro, MD, you can get compensation for emotional distress following a car accident if it’s part of a broader personal injury claim. Emotional distress falls under the umbrella term "noneconomic damages" in this type of lawsuit, along with categories like pain and suffering, mental anguish, or loss of enjoyment of life. A personal injury lawyer can tell you more and help you understand if you have a case.

Suing for Emotional Distress After an Upper Marlboro, MD Car Accident

Establishing Negligence

The first step in a claim of this sort is to establish that someone else’s negligence caused an accident that caused you damages, including your emotional distress. Your lawyer will help you build a case that proves:

  1. The at-fault party owed you a duty of care
  2. They did not faithfully fulfill this duty
  3. Their breach of the duty caused your injury
  4. Your injury brought you demonstrable economic harm

All these elements are important. The first one is usually pretty easy to prove, since all drivers on the road have a duty of care toward other drivers. Proving the breach of duty means showing that the other driver did something like break a traffic law or drive while impaired. Then, you will have to show that it was specifically this breach of the duty of care that caused the accident or materially contributed to it.]]> Car Accidents 2026-02-03 00:00:00 St. Mary’s County Jury Awards $320,000 After Rear-End Car Accident Trial https://www.southernmarylandlawfirm.com/blog/st-marys-county-jury-awards-320000-after-rear-end-car-accident-trial https://www.southernmarylandlawfirm.com/blog/st-marys-county-jury-awards-320000-after-rear-end-car-accident-trial $320,000 Jury Verdict in St. Mary’s County Car Accident Case After Two-Day Trial

Farmer & Klopfer recently obtained a $320,000 jury verdict on behalf of an injured client following a two-day trial held January 7–8, 2026, in the Circuit Court for St. Mary’s County, Maryland. Attorneys James E. Farmer and Taylor M. Wilson represented the plaintiff in a contested rear-end motor vehicle collision case in which liability and damages were disputed by the defense.

Case Background

The case arose from a motor vehicle collision on Route 5 (Point Lookout Road) in St. Mary’s County. Our client, an 18-year-old driver, was stopped while waiting to make a lawful left-hand turn when her vehicle was struck from behind by the defendant’s pickup truck.

Despite the daytime conditions and visible vehicle damage, the defense disputed responsibility for the crash.

Disputed Liability and Defense Arguments

The defendant alleged that our client did not have functioning tail lights and failed to use a turn signal. These claims were contested at trial. The defense also sought to minimize the severity of the collision, despite evidence of front-end damage to the defendant’s vehicle.]]> Recent Wins 2026-01-16 00:00:00 How Do You Prove Negligence in a Personal Injury Claim? https://www.southernmarylandlawfirm.com/blog/how-do-you-prove-negligence-in-a-personal-injury-claim https://www.southernmarylandlawfirm.com/blog/how-do-you-prove-negligence-in-a-personal-injury-claim The crux of a personal injury claim is proving negligence since the entity that was negligent is responsible to cover the losses and damages of those they injure. Talk to a personal injury attorney in Waldorf, MD to get experienced help in gathering the evidence you need and using it to prove negligence.

From a Waldorf, MD, Personal Injury Attorney: How Negligence Is Proven

To have an effective case, you must prove four elements: that someone had a duty of care toward you, that they failed in the duty of care, that this failure caused an accident where you suffered damages, and precisely what those damages are.

Proving Duty of Care

The duty of care refers to the responsibility every person has to behave in a way that protects themselves and others in any given situation. In a car accident, for example, the duty of care is assumed: every driver has a responsibility to follow all traffic laws and drive safely.

In a medical setting, a healthcare professional has a duty to provide care according to what a reasonable person in their position would do under those circumstances. Your lawyer’s first step will be to show that the negligent party owed you a duty of care.]]> Farmer and Klopfer Law Firm Service 2025-12-04 00:00:00 What Are the Penalties for a First-Time Drug Offense? https://www.southernmarylandlawfirm.com/blog/what-are-the-penalties-for-a-first-time-drug-offense https://www.southernmarylandlawfirm.com/blog/what-are-the-penalties-for-a-first-time-drug-offense

Drug charges are always serious, and if you’ve been charged with a drug offense here in Upper Marlboro, MD, talk to a criminal defense lawyer as quickly as possible. The sooner you reach out to us, the faster we can get started on a strong defense and help you explore all the options for avoiding some of the worst penalties.

What Are the Penalties for a First-Time Drug Offense in Upper Marlboro, MD?

Maryland uses the same classification system for drugs as the federal government, and that means drugs are divided into what’s known as "schedules." Schedule 1 drugs are those that have no medical use and are easy to abuse, such as heroin and ecstasy. Schedule II drugs are considered to have a lot of potential for abuse but do have a recognized medical use. Drugs in this category would include OxyContin and Vicodin, for example.

While marijuana is technically considered a Schedule 1 drug, it does have different rules that recognize some of the complex discussions we are having nationally and as a state surrounding this drug and how it should be used.]]> Farmer and Klopfer Law Firm Service 2025-11-04 00:00:00 What Happens if You Refuse a Breathalyzer Test in Maryland? https://www.southernmarylandlawfirm.com/blog/what-happens-if-you-refuse-a-breathalyzer-test-in-maryland https://www.southernmarylandlawfirm.com/blog/what-happens-if-you-refuse-a-breathalyzer-test-in-maryland

Many states have something called an "implied consent law" and Maryland is among those states. If the police stop you, you must submit to a chemical test if there are reasonable grounds to believe you are driving impaired, and, if you refuse the test, you will face automatic penalties even if you’re not convicted of a DUI. Whether you’ve already refused a test in Upper Marlboro, MD or not, talk to a DUI defense lawyer immediately to build the strongest defense for yourself.

What Happens if You Refuse a Breathalyzer Test in Upper Marlboro, MD?

If you are stopped by the police and they want to test you, they must inform you of your rights and the consequences if you refuse to test. The first time you refuse, your license will be suspended for 270 days unless you can successfully contest this. If you have ever refused the test before, then you will face up to two years of license suspension.

The idea is to make the penalty for refusing to take the test just as great as the consequences of failing the test, at least so far as your driving privileges go. Ultimately, the police cannot use either the results of your test or your refusal against you to prove intoxication, but refusing the test can be considered probable cause to arrest you for a DUI, and you will have to take a test at the police station.]]> Farmer and Klopfer Law Firm Service 2025-10-01 00:00:00 What to Do After a Motorcycle Crash on End-of-Summer Trips https://www.southernmarylandlawfirm.com/blog/what-to-do-after-a-motorcycle-crash-on-end-of-summer-trips https://www.southernmarylandlawfirm.com/blog/what-to-do-after-a-motorcycle-crash-on-end-of-summer-trips The end of summer is the perfect time for a final motorcycle trip. With warm weather, scenic routes, and the open road calling, it’s no wonder so many riders hit the pavement before fall sets in. However, the joy of motorcycling comes with risks. Sudden accidents can derail your plans and leave you questioning what to do next.

If you’ve been involved in a motorcycle crash, knowing how to respond can protect your health, legal rights, and financial recovery. Here’s a step-by-step guide to ensure you take all the right actions after an accident.

Step 1: Ensure Safety First

The moments immediately after a motorcycle crash are critical, especially since riders are far more exposed to injuries than those in cars. Here’s what you should prioritize to stay safe:

Move to Safety If Possible

If you can move and it’s safe, get out of the way of traffic. Staying in the middle of the road can put you in danger of further injury, so aim for the shoulder or a safe spot nearby.]]> Uncategorized 2025-09-01 00:00:00 Can You Be Charged With Assault If You Were Defending Yourself? https://www.southernmarylandlawfirm.com/blog/can-you-be-charged-with-assault-if-you-were-defending-yourself https://www.southernmarylandlawfirm.com/blog/can-you-be-charged-with-assault-if-you-were-defending-yourself In Upper Marlboro, MD, it’s unfortunately true that it’s possible to be charged with assault even if you were acting to defend yourself. Whether or not those charges will stick is going to depend on the precise nature of the incident, what the witnesses say, if there are any, and especially on the quality of your defense. If you are being charged with assault under any circumstances, contact a criminal defense attorney as quickly as possible to protect yourself.

Can You Be Charged With Assault If You Were Defending Yourself in Upper Marlboro, MD?

Yes, you can certainly be charged with assault if you injure another person while defending yourself. This is an unfortunate reality, and you need a lawyer to bring a strong self-defense argument in these situations, particularly if the other person ends up hurt more badly than you are.

A lot depends on the precise nature of the incident and what exactly the other person was doing and how you responded. There are two classifications for assault here in Maryland. Second-degree assault is a misdemeanor but can still land you in prison for up to 10 years. First-degree assault is a felony and comes with a much longer prison sentence and much higher fines. A first-degree felony assault charge is usually brought when a deadly weapon is involved and in other specific circumstances.]]> Uncategorized 2025-08-05 00:00:00 Dealing With Stalled Summer Insurance Claims After an Accident https://www.southernmarylandlawfirm.com/blog/dealing-with-stalled-summer-insurance-claims-after-an-accident https://www.southernmarylandlawfirm.com/blog/dealing-with-stalled-summer-insurance-claims-after-an-accident Summer is a time for road trips, outdoor adventures, and long sunny days. However, it also brings with it a significant increase in accidents. Whether it’s a car collision, a bike crash, or an unfortunate slip and fall, these incidents can leave you dealing with medical bills, repairs, and the frustrating task of filing an insurance claim.

While you’re expecting the insurance process to help you recover quickly, delays can throw a wrench in your plans. If you’re stuck with a stalled summer insurance claim, you might wonder why this is happening and what you can do about it.

Why Are Insurance Claims Delayed in the Summer?

Summer is often called "accident season" because certain factors increase incident rates. More people are on the road, construction projects ramp up, and outdoor activities lead to greater risks. While these seasonal habits keep claim adjusters busy, they also contribute to delays.

Here are the most common reasons insurance claims stall during this time of year:]]> Uncategorized 2025-07-31 00:00:00