In some cases, the parties responsible for a serious accident are clear. This can make determining against whom to file a personal injury case clear. In other cases, however, figuring out the proper defendant takes a substantial amount of investigation and research.
In general, most individuals are liable for their negligent acts. However, some individuals may not be liable because they lack the requisite capacity to form intent, and other individuals or entities may be protected through immunity or other laws. For example, children may be too young to be held liable — although their parents may be separately liable in some circumstances. In Maryland, generally, children under the age of seven are thought to be unable to form the requisite intent.
The state and local governments may also be held liable in some circumstances. For example, the State of Maryland can be sued in situations provided by statute. Generally, in claims against state and local governments, plaintiffs must also give notice to certain individuals within a specified time period.