Lawsuits After a Car Accident in Maryland
Car accidents are unfortunately all too common in Maryland, and they can result in serious injuries and damages. In the aftermath of a car accident, victims may face significant physical, emotional, and financial challenges. When the accident is due to someone else’s negligence, Maryland law permits the injured party to file a lawsuit seeking damages. This legal recourse aims to compensate the victim for medical bills, lost wages, pain, suffering, and other losses sustained as a result of the accident.
The law firm of Chaikin, Sherman, Cammarata, & Siegel P.C. provides comprehensive legal representation to victims of car accidents in Maryland. Our experienced attorneys help clients navigate the complicated legal process and recover compensation for their injuries and losses. Contact us today for a free consultation with a car accident lawyer.
When to Consider a Lawsuit After a Car Accident
Not every car accident will result in a lawsuit, and not every injury is severe enough to warrant legal action. However, victims should consider filing a lawsuit if:
Serious Injury or Permanent Disability: If the car accident resulted in injuries that significantly impacted your quality of life or led to permanent disability, you might consider pursuing a lawsuit.
Dispute Over Fault: If there is a disagreement on who is at fault for the car accident, a lawsuit can help determine liability.
Inadequate Insurance Coverage: If the at-fault party’s insurance coverage is insufficient to cover your damages, a lawsuit may be necessary to secure full compensation.
Non-economic Damages: Lawsuits can also be considered when seeking compensation for non-economic damages such as pain and suffering, mental anguish, and loss of companionship.
Denial of Your Insurance Claim: If the insurance company denies your personal injury claim or offers a settlement amount that is far below your actual losses, a lawsuit might be the best course of action.
First, Let’s Determine If You Have Grounds For A Lawsuit
The decision to file a lawsuit should not be taken lightly. It is vital to first determine whether you have valid legal grounds to sue the other party. A few factors to consider include:
- Negligence: Was the other driver’s negligence or recklessness the direct cause of the car accident? You’ll need to prove this in court.
- Damage and injury: Did you suffer substantial damages or significant injuries as a result of the car accident? Remember, minor scrapes or damages may not constitute sufficient grounds for a lawsuit.
- Financial Impact: Have you incurred substantial financial losses due to medical bills, rehabilitation costs, property damage, or lost wages due to missed work? These can strengthen your case.
- Violation of Statutory Duty: If the at-fault party has violated a statutory duty, such as driving under the influence or reckless driving, this might provide strong grounds for a lawsuit.
If you’re unsure whether you have a strong case, consulting with a car accident lawyer at Chaikin, Sherman, Cammarata & Siegel P.C. can provide clarity and guidance. They can help assess your situation and advise on the feasibility and potential success of a lawsuit.
Who Can You Sue After a Maryland Car Accident?
If you are suing after a car accident in Maryland, you can sue the other driver, the driver’s insurance company, the owner of the vehicle, an employer, or your own insurance company. Who you sue in the car accident lawsuit depends on who you can prove was at fault for the accident.
Maryland’s Statute of Limitations
In the state of Maryland, the statute of limitations for filing a personal injury lawsuit is generally three years. This means that an injured party has a three-year window from the date of the injury to file a lawsuit in the state’s civil courts. There are, however, certain exceptions and nuances to this rule. For example, in cases involving medical malpractice, specific discovery rules can extend the time period. Additionally, claims against government entities have different, often shorter, deadlines and notification requirements. Consult with a legal professional at Chaikin, Sherman, Cammarata, & Siegel P.C. to understand how these time limits may apply to your specific circumstances.
Maryland’s At-Fault Insurance System
Maryland operates under the concept of an “at-fault” insurance system, also known as a tort system. Under this system, the party who is deemed legally at fault for an accident is responsible for compensating any damages resulting from the accident. This compensation typically comes from the at-fault party’s insurance company up to the limits of the policy.
The at-fault driver, through their insurance, can be held responsible for various types of damages, including:
Medical expenses: This can include hospital bills, surgery costs, rehabilitation, physical therapy, and any long-term care needed due to the accident.
Property damage: This includes repairs or replacement of your vehicle and any other property damaged in the accident.
Lost wages: If you were unable to work due to the accident, you may be entitled to compensation for lost wages.
Pain and suffering: In some cases, victims can also receive damages for pain and suffering caused by the accident.
Pure Contributory Negligence in Maryland
In the realm of car accident laws, Maryland is one of the few states that follows a strict “pure contributory negligence” rule. This essentially means that if you, as a plaintiff, are found to be even a slight percentage at fault for the accident, you may be barred from recovering any damages in a personal injury claim. This rule can be particularly harsh in situations where the fault is not clear-cut.
For instance, if you’re involved in a car accident where the other driver was predominantly at fault but you were found to be 1% at fault for perhaps not reacting quickly enough, under Maryland’s pure contributory negligence rule, you may not be able to receive any compensation. This rigid rule underscores the importance of strong legal representation in car accident cases in Maryland to ensure that you are not unfairly assigned any blame.
The Process of Filing a Lawsuit in Maryland
If you’ve decided to move forward with a lawsuit after a car accident in Maryland, here’s a step-by-step guide to help you understand the process:
Consultation with a Car Accident Lawyer
Your first step should be consulting with an experienced car accident attorney. They can evaluate your car accident case, explain your legal options, and guide you through the forthcoming legal process.
Investigation
Your attorney will then conduct an in-depth investigation of your accident. This could involve gathering evidence, interviewing witnesses, and consulting with experts to establish liability and understand the extent of your damages.
Filing the Lawsuit
Your attorney will draft a complaint, which is the document that initiates the personal injury lawsuit. It contains the legal basis for your car accident claim and the compensation you’re seeking. This complaint is filed with the court and served to the defendant(s).
Discovery Process
Both sides of the car accident lawsuit will exchange information pertaining to the accident through a process called discovery. This may involve written questions, document requests, and depositions.
Negotiations
Your attorney and the defendant’s insurance company may try to negotiate a settlement. If a fair settlement can be agreed upon, the case will end here.
Going to Trial
If a settlement cannot be reached, your case will proceed to trial, where a judge or jury will hear the evidence and decide on the outcome.
Appeal
If you’re not satisfied with the trial outcome, there’s a possibility of appealing the decision to a higher court.
Please note that the legal process can be complex, and this is a simplified overview. The specifics of your case may lead to deviations from this general process. It’s advisable to engage an experienced attorney to navigate these steps effectively.
Contact Our Expert Legal Team of Car Accident Lawyers Today
If you have been injured in a car accident in Maryland and believe you may have a strong case, don’t hesitate to reach out to our experienced legal team at Chaikin, Sherman, Cammarata, & Siegel P.C. We specialize in car accident cases and can provide the guidance and representation you need to seek justice and receive fair compensation for your damages. Contact us today for a free consultation. Our team is ready to fight for your rights.
