Legal Question in Personal Injury in Maryland

First of all, depending upon the circumstances of the incident, your mother may not even be liable for this. If the dog had never displayed these kinds of tendencies, and wasn't running loose, she could possibly present a valid legal defense. You might want to have your mother go to a legal clinic in her area or try to schedule an appointment for a low cost consultation just to review the facts with an attorney. An experienced personal injury attorney can also evaluate the victim's demand as to whether it is fair, taking into consideration the severity of the injury, the amount of medical bills, the length of time it took the victim to recover, or whether there is any permanent injury claim, such as scarring, he might have. Regarding insurance, I assume she does not have a homeowner's policy, as that would probably protect her.

If you do end up paying something as a settlement, you must get the victim to sign a full release acknowledging receipt of the proceeds, or agreeing to the terms if there is going to be a payment plan. This will protect your mother from getting sued later on. Again, an experienced personal injury attorney can be valuable in preparing a proper "all claims" release. Of course, if there is a payment plan and she fails to comply with the plan, she would be liable for that default.

If the case ends up in court and your mother is held liable, a money judgment would be entered against her. If she doesn't pay the judgment, the victim could attach her property, such as a bank account, or garnish her wages if she is employed, in order to collect the judgment. Also, the judgment would bear interest until paid. Your mother will not go to jail for failure to pay.

Most civil suits, especially small claims (under $5000 in Maryland), go through some mediation process before an actual trial, and the parties can be required to attend. This doesn't mean a settlement can be forced upon either party.

In summary, assuming no insurance, check with your county bar association to see what options are available for a reduced fee or even pro bono (free) consultation with an attorney before making any decisions.