Depending on how you suffered injuries while hunting in Maryland, will you be able to file a lawsuit to cover your damages?
Victims can sue after several types of hunting accidents, like accidental misfires that cause bad gunshot wounds. This is a frequent cause of injuries among hunters, though equipment failure can also cause injuries that warrant compensation. If an investigation reveals willful or malicious conduct on the landowner’s behalf, our attorneys may be able to file a lawsuit against them. In your claim, we will seek compensation for all recoverable damages, starting with your medical expenses. Though these may be the most consequential, we will not leave out damages for lost wages or pain and suffering in our requests for relief.
Call our Maryland personal injury lawyers at (410) 694-7291 for a free case evaluation from Rice, Murtha & Psoras.
What Types of Hunting Accidents Can You Sue for in Maryland?
You can sue for several different types of hunting accidents in Maryland, such as accidental misfires because of operator recklessness or negligence. Our attorneys can also file lawsuits against manufacturers who produce defective products or against landowners for willful or malicious conduct. Regardless, we must file within three years of the accident’s date to get compensation, so do not delay your case.
Negligent Hunters for Accidental Misfires
Typically, the most common cause of hunting injuries comes from accidental misfires. Operating firearms requires experience and skill, and those who lack these attributes might mistake other hunters for game or accidentally pull the trigger, injuring victims. Gunshot wounds from hunting firearms can be especially dangerous and typically require immediate medical attention. Our lawyers would have to establish negligence or recklessness in your case against the at-fault hunter, so we may also interview witnesses present during the accidental misfire in Maryland.
Manufacturers of Defective Equipment
If you bring a portable tree stand with you to hunt on private land and it fails, you could fall from great heights and suffer serious injuries. When this happens, victims may be able to file product liability claims against manufacturers. We can point to the equipment’s specifications and weight limits to show you were using it properly when it failed, entitling you to damages.
Typically, landowners don’t have to maintain fixed tree stands or other structures on private grounds in Maryland, according to Md. Code, Nat. Res., § 5-1103. If a permanent tree stand on the property collapsed, our lawyers may examine the tree stand’s design to see if it was ineffective in bearing weight, making the manufacturer liable.
While many accidental misfires happen due to operator negligence or inexperience, they might also occur because of defective design. This could divide liability between the operator and the firearm manufacturer, allowing our lawyers to maximize the compensation in your case. For example, if we can prove gross negligence on the manufacturer’s behalf, we may get punitive damages on top of economic and non-economic damages.
Landowners for Willful or Malicious Conduct
According to § 5-1104 and § 5-1106(a)(1), hunters can only sue landowners for willful or malicious failure to warn them of harmful property conditions, property use, activities performed on the property, or structures on the property. Furthermore, charging hunters a fee to use private lands for recreational purposes could create liability for landowners, with exceptions, which our attorneys can explore after reviewing your case in Maryland.
What Types of Damages Can You Sue for After a Hunting Accident in Maryland?
Once our Baltimore personal injury lawyers identify a cause of action, we can start preparing your compensation claim. This will involve tracking all recoverable damages, such as your medical bills, lost wages, and pain and suffering. Knowing your deserved compensation before filing will let you better evaluate settlement proposals and decide whether or not to go to trial.
Economic Damages
Economic damages cover the financial expenses of a personal injury. For example, if a negligent hunter misfires and their bullet strikes you, you may need urgent medical treatment, possibly including surgery and other trauma care. The long-term economic consequences often include lost wages, as physically recovering may require time off from work.
From the start, we can organize medical records so we have clear proof of your injuries and recovery timeline. Statements from treating physicians can strengthen relief requests for future damages, as medical expenses might continue to accrue even after victims’ lawsuits end. We will also consider other costs incurred since the accident, like home modifications to accommodate permanent injuries or transportation costs to get you to and from doctor appointments.
Non-Economic Damages
Non-economic damages refer to the victim’s intangible losses, which are subjective. To express the physical pain and mental suffering you’ve experienced because of a hunting incident, you may testify in court, along with mental health experts who have evaluated you. Often, juries look to various factors when awarding non-economic damages, such as a plaintiff’s age and the severity of their injuries. For example, if a tree stand failed and you suffered a paralyzing spinal cord injury, the jury might award you greater non-economic damages. This compensation can come from settlements, but typically only after staunch negotiations from our lawyers. Currently, Maryland’s cap on non-economic damages in hunting accident lawsuits stands at $950,000, according to Md. Code, Cts. & Jud. Proc. Art., § 11-108(b)(2).
Punitive Damages
As mentioned, punitive damages are recoverable when plaintiffs prove gross negligence and take their cases to trial instead of settling out of court. Unlike non-economic damages, punitive damages in Maryland are not capped. Because there are no limits, punitive damages can greatly increase the awards plaintiffs receive at the ends of their lawsuits, so our lawyers assess if they are available in your case.
Call Our Injury Attorneys in Maryland to Discuss Your Case for Free
Call our Towson, MD personal injury lawyers for help with your case from Rice, Murtha & Psoras at (410) 694-7291.