CLIENT ALERT — Maryland Constitutional Amendment to Significantly Impact Personal Injury Cases

Maryland voters overwhelmingly approved a constitutional amendment that will significantly impact the litigation of personal injury cases in Maryland courts.  The new law means that more personal injury cases will be tried more quickly and less expensively, without a jury.

What is a jury demand?

A jury demand is the right by a defendant in a civil trial to demand that a case be tried by a judge instead of a jury.  In Maryland, only the Circuit Court has jurisdiction to hold a jury trial.  Therefore, a case that is initially filed by the Plaintiff in the District Court may be moved by the Defendant to the Circuit Court if the Defendant files a jury demand.

What happened in Maryland?

In November, Maryland voters approved an amendment to the Maryland Constitution that increases the threshold for a Defendant filing a jury from $15,000 to $25,000.

Previously, if a plaintiff sued for more than $15,000.00 in District Court, the defendant could file a jury demand and move the case to Circuit Court.

Now plaintiffs can file a lawsuit seeking up to $25,000.00 in damages and guarantee that the defendant can not move the trial to Circuit Court.

What are the benefits to plaintiffs of filing your case in the District Court?

There are many benefits to plaintiffs that favor filing in the District Court as opposed to the Circuit Court. District Court cases typically resolve far faster than Circuit Court cases. The District Courts provide trial dates far quicker than the Circuit Courts. For the purpose of trial, a District Court trial tends to be less expensive than Circuit Court because less pretrial discovery is allowed and expert witnesses often do not need to be hired.

What impact will this amendment have on your personal injury case?

This amendment will impact Bulman Dunie personal injury clients greatly. Clients who have been injured in an accident and want to file their case in the District Court will be able to increase the amount they are asking the judge to award them from $15,000 to $25,000 without the fear of having the insurance company demand a jury. Prior to this amendment, our clients would have to make the difficult decision to cap their damages at $15,000 or risk the insurance company demanding a jury and have their case brought to the Circuit Court. Our clients will now be able to file their case in the District Court, ask the judge for up to $25,000, and be guaranteed their case will not be transferred to the Circuit Court.

What is the law in the District of Columbia?

The District of Columbia permits any defendant in any civil suit where more than $10,000.00 damages are sought to request a trial by jury.

If you would like to pursue an injury claim or civil lawsuit, please contact the personal injury team at Bulman, Dunie, Burke and Feld, led by partner Dan Shaivitz and associate Liz Farley.  Call us any time at (301) 656-1177.