Being involved in a serious accident is a traumatic experience. Often, along with the weeks or months of physical recovery, there is a lengthy emotional recovery process as well. Many times, people may suffer from nervous episodes or may refrain from engaging in certain activities. These are understandable side effects of being involved in a serious accident.
The law in Maryland allows for those who have been injured in a serious accident to file a personal injury lawsuit to seek financial compensation for all that they have been through. While each case is different, compensation packages may include amounts for past medical bills, future medical expenses, lost wages due to time away from work, and any pain and suffering that the accident victim endured as a result of the accident.
Unfortunately, however, the process of filing a personal injury claim can be a lengthy one as well. Thus, it is very important that an accident victim do everything possible to ensure a smooth process to reduce the risk of additional delays. A recent case illustrates how one plaintiff’s failure to name the correct defendant ended up delaying the case for months, possibly years.
The Facts of the Case
The plaintiff was injured when he slipped and fell at a restaurant, and he filed a premises liability lawsuit against the restaurant’s owner. The restaurant had a common name, but the plaintiff was confident he had the correct entity, so he sent notice of the lawsuit, as is required by law.
Unfortunately for the plaintiff, he served the correct owner but named the wrong restaurant in the complaint. The restaurant owner responded, explaining that the name on the complaint was not related to the entity to which the plaintiff had sent notice. The plaintiff did not respond.
After some time, the true defendant did not respond to the lawsuit, and a default judgment was entered against the defendant. However, as soon as the default judgment was entered, the true defendant answered, claiming that the entity had never been properly served. The court considered both parties’ arguments and ultimately agreed with the defendant, reversing the entry of the default judgment.
As a result of the court’s opinion, the plaintiff’s case will still proceed toward trial or settlement negotiations, but the case was significantly delayed.
Have You Been a Victim of a Maryland Slip-and-Fall Accident?
If you or a loved one has recently been injured in a Maryland slip-and-fall accident, you may be entitled to monetary compensation. However, as the case discussed above illustrates, determining the true owner of a business or even a parcel of land can be a difficult task that, if not done correctly, can potentially delay the case from proceeding. The skilled injury attorneys at the Maryland law firm of Lebowitz & Mzhen have decades of experience handling all types of personal injury cases. We know the proper methods to determine true ownership as well as all applicable procedural rules. Call 410-654-3600 today to schedule a free consultation with a dedicated personal injury attorney.
More Blog Posts:
Expert Testimony Fails to Establish Causation in Medical Malpractice Lawsuit, Maryland Accident Law Blog, March 27, 2017.
The Dangers of Carbon Monoxide and What Can Be Done to Prevent Exposure, Maryland Accident Law Blog, April 10, 2017.