Insurance and premises liability injury claims in MarylandWritten by ruxandra
One of the most important aspects to consider when you want to sue for premises liability in Maryland is: can the defendant actually pay out any premises liability injury compensation? If the defendant possesses no assets, all the effort and cost of suing may not be worth the trouble. In premises liability injury claims in Maryland, the main source of compensation comes from the defendant’s homeowners policy. This is why you should consult with your premises liability lawyer from Maryland before filing your claim, to ensure the cost and effort is worth it.
Is premises covered by insurance?
This is a question that is not always that easy to answer. Generally, if there is a mortgage on the premises, they are obligated to have either a landlord’s, business owner’s, homeowner’s or some other type of insurance. There is one big exception. The landlord is most of the times not responsible for the injuries that happen in one of their tenant’s apartment or in other leased space. Even so, if the leased space is a commercial property or a store, insurance coverage will most likely be available no matter if the landlord or the tenant is at fault. This happens because most commercial leases require that either the landlord or the renter carry liability insurance. Unfortunately, there are still many residential tenants who don’t have renter’s insurance. Your premises liability attorney from Maryland can help you find out if the owner of the property where your accident occurred has insurance.
The policy limits for premises liability
Even though the insurance policy can cover your claim, there are cases where the policy’s limit is lower than the amount asked in the claim. For example, if a commercial general liability insurance can cover up to $500,000, someone who got injured in one of their stores and is asking for $1 million is limited to the $500,000 premises liability injury compensation in Maryland. The additional recovery will have to come out directly out of the businesses assets. In addition to this, some liability insurance policies may have different limits depending on the type of damage, like one specific limit for pain and suffering and another limit for the medical expenses.
Are there any policy exclusions?
Some insurance policies may also contain exclusions, such as for situations where the insurance company is excluded from paying for the claim. Most of the time, the general or homeowners liability policies that cover premises liability do not exclude the coverage for premises liability.
Even so, reckless or intentional behavior that causes injuries to someone may not be covered (when the homeowner intentionally hurts a guest). It is important to ask your premises liability attorney from Maryland to examine these exclusions when deciding whether to file your claim or not.
It is important to remember that paying for a lawsuit can be very expensive, especially if the case goes to trial. If the plaintiff does not have the financial possibility to cover at least the possible cost of the trial or if there are any chances that the jury will consider the plaintiff not guilty, then you should consider settling the case before it goes to court.
For more information contact the best premises liability injury lawyer in Maryland at (443) 569-3950 or send an email to [email protected].