There are affirmative defenses to a personal injury claim. The two most important ones are contributory negligence and assumption of the risk. Either one will bar your complete recovery.

Maryland is one of only four states (in addition to the District of Columbia) that has the antiquated doctrine of contributory negligence. This means that even if someone else is at fault for an accident, your recovery is totally barred if you were also at fault. Even if the other driver was 99.9% at fault, your recovery is completely barred even if you were only 0.1% at fault.

This can lead to some unfair and harsh results. For example, say a motorcycle operator is traveling the speed limit when another vehicle cuts him off. The motorcycle operator decides to "lay down" his bike to avoid crashing into the car. A finding that such action was even slightly negligent serves as a complete bar to recovery.

Another example would be a pedestrian who decides to cross where there is not a crosswalk. A drunk driver comes flying down the road over 100 mph. A jury might find the pediestrian 1% at fault for crossing out of the crosswalk destroying any claim for recovery.

The other 46 states have some form of comparative negligence. In those states, if the Defendant was 99% at fault and the Plaintiff 1% at fault, the Plaintiff can still recovery 99% of his damages rather than being barred from recovery.

Another common defense is assumption of the risk. The doctrine of assumption of the risk applies where a plaintiff knowingly and voluntarily exposes himself to a known risk. He cannot recover damages for his injuries if he assumes the risk. Therefore, if a patron is struck by a foul ball at a baseball game, she cannot sue the team or stadium operator for her injuries. She knew there was a risk that she could be struck by a foul ball.  Another example would be where two people go out drinking and a passenger gets into a car with a drunk driver who gets in an accident. Plaintiff's claim could be barred for knowingly getting into a car with an inebriated driver.

In determining whether your case can be won or lost, an attorney will have to evaluate whether there are issues related to assumption of the risk or contributory negligence since they will completely bar any recovery in Maryland.