Vote “Yes” On Ballot Question 3

This November, at the polls and on mail-in ballots, there are a few questions that voters will be asked to decide. Question 3 would ease the financial burden on injured plaintiffs bringing a case in the district court by raising the amount in controversy for a trial by jury, rather than judge alone, from $15,000 to $25,000. It would also allow for swifter justice. As members of a law firm who are honored and proud to represent the injured, we encourage you to vote “For the Constitutional Amendment.”

Perhaps a brief civic lesson is in order. There are two courts of general jurisdiction in Maryland: the district court and the circuit court. If you are injured in an automobile or as the result of some other careless or intentional act, and the amount of your damages – medical expenses, lost wages, car repairs, etc. – is less than $5,000, you must bring your case in the district court. District courts have exclusive jurisdiction of small claims, which are cases in which “the amount claimed does not exceed $5,000 exclusive of interest, costs and attorney’s fees, if attorney’s fees are recoverable by law or contract,” according to the Maryland Code. If your case does not settle, you will have a hearing before a judge because the district court does not have jury trials. In 35 years of representing the injured, we’ve never had to file a small claim case – these usually settle.

If the amount in controversy is greater than $5,000 but less than $30,000, you may bring your case in either the district court or the circuit court. However, if your claim is greater than $30,000, you must bring your case in the circuit court. Cases in the circuit court are subject to more extensive discovery than in the district court.

Discovery is the process by which parties exchange information through questions (known as interrogatories), requests for documents, depositions (when a party’s testimony is taken on the record), mental or physical examination, and requests for admission of fact or genuineness of documents. This process can take years, and the delays have been aggravated by the pandemic. There is a pronounced backlog of cases, which varies from county to county.

So why increase the monetary amount at which one may ask for a jury trial? Because jury trials are only held in the circuit court. One tactic insurance companies take to force a plaintiff to settle for less than he or she is due is to increase the expenses of a lawsuit by dragging it out and engaging in extensive and burdensome discovery. When a plaintiff brings a case in district court, a defendant’s insurance company may remove the case to the circuit court by “praying a jury trial” if the amount is $15,000 or more. Raising the minimum amount in controversy that guarantees a right to a jury trial to $25,000 would keep more cases in the district court, where they may be resolved quicker and, frankly, cheaper.

Keeping more cases in the district court may compel insurers to deal more fairly with the injured. Our experience is that it takes at least twice as long to resolve a case in the circuit court, where jury trials are presently being set in 2024. This is too long and exhausting a process for any plaintiff who would appreciate her medical bills being paid and being made whole. Justice delay is often justice denied. As a plaintiff’s side firm, we encourage you to vote “Yes” on Ballot Question 3 so that swift justice may be preserved in the district courts.

If you or a loved one is injured in a motor vehicle collision, you will have many questions. You should consult an attorney who is familiar with this area of the law and who will assist you in making informed decisions.

David Diggs is experienced in negotiating with and litigating against insurance companies, whether in the district or circuit courts. He has recovered millions on behalf of the injured. If you need further information regarding this subject, contact the Law Office of David V. Diggs LLC, located at 8684 Veterans Highway, Suite 302, in Millersville, by calling 410-244-1189 or by emailing david@diggslaw.com.