Car accidents are an unfortunately common occurrence on Maryland’s busy roadways. From minor fender-benders to severe collisions, the aftermath can be overwhelming. Victims often find themselves dealing with physical injuries, emotional trauma, and significant financial burdens. Navigating the complex landscape of car accident compensation in Maryland requires a thorough understanding of state laws and the various avenues for obtaining rightful compensation.
Maryland’s Fault-Based Sysytem
Maryland operates under a fault-based system for car accidents. This means that the driver who is found to be at fault for the accident is responsible for compensating the other parties involved. Determining fault can be a complicated process, often involving the examination of police reports, witness statements, and sometimes the input of accident reconstruction specialists. It’s crucial for victims to collect as much evidence as possible at the scene, including photographs, contact information of witnesses, and a detailed account of the incident. This evidence will be essential in building a strong case for compensation.
Types of Compensation
The types of compensation available to car accident victims in Maryland can be broadly categorized into economic and non-economic damages. Economic damages refer to tangible financial losses resulting from the accident. These include medical expenses, lost wages, and property damage. Medical expenses can quickly escalate, encompassing costs for emergency room visits, surgeries, rehabilitation, and ongoing medical care. Lost wages account for the income a victim is unable to earn due to their injuries, and in severe cases, this can extend to future lost earnings if the victim is unable to return to work. Property damage covers the cost of repairing or replacing the victim’s vehicle and any other personal property damaged in the accident.
Non-economic damages, on the other hand, are more subjective and can be more challenging to quantify. These damages compensate victims for the pain and suffering endured as a result of the accident. This can include physical pain, emotional distress, loss of enjoyment of life, and even the loss of companionship in cases where the victim’s injuries affect their relationship with loved ones. While these damages do not have a direct monetary value, they are a crucial component of comprehensive compensation, acknowledging the profound impact that an accident can have on a victim’s quality of life.
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Contributory Negligence: A Complicating Factor
One unique aspect of Maryland’s car accident laws is the concept of contributory negligence. Under this doctrine, if a victim is found to be even slightly at fault for the accident, they may be barred from recovering any compensation. This is a harsh standard compared to the comparative negligence systems used in many other states, where a victim’s compensation might be reduced by their percentage of fault. Because of this stringent rule, it is imperative for victims to clearly demonstrate that they had no role in causing the accident. This often necessitates the involvement of legal professionals who can effectively gather and present evidence to support the victim’s claim.
The Role of Insurers
Maryland drivers are required to carry a minimum amount of liability insurance, which covers bodily injury and property damage caused to others. However, dealing with insurance companies can be a daunting task. Insurance adjusters are trained to minimize payouts and protect the company’s bottom line. They may offer settlements that are far below what the victim actually needs to cover their expenses. It is important for victims to be cautious when speaking with adjusters and to avoid accepting any settlement offers without first consulting with a knowledgeable attorney.
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In cases where the at-fault driver is uninsured or underinsured, victims may need to turn to their own insurance policies for compensation. Maryland requires insurers to offer uninsured/underinsured motorist coverage, which can provide additional protection in such scenarios. This coverage can help bridge the gap when the at-fault driver’s insurance is insufficient to cover the victim’s losses. However, just as with third-party claims, filing a claim with one’s own insurance company can also be fraught with challenges, making legal guidance beneficial.
The Statute of Limitations
The statute of limitations is another critical factor in car accident cases. In Maryland, victims generally have three years from the date of the accident to file a lawsuit seeking compensation. Failing to file within this timeframe can result in the loss of the right to pursue legal action. This makes it essential for victims to act promptly and to seek legal advice as soon as possible after the accident. Early action not only helps ensure compliance with legal deadlines but also allows for a more thorough and effective investigation of the accident while evidence is still fresh.
Longterm Implications of Auto Accidents
For victims who sustain catastrophic injuries, the road to recovery can be long and arduous. Catastrophic injuries, such as traumatic brain injuries, spinal cord injuries, and severe burns, often result in permanent disabilities and require extensive medical treatment and rehabilitation. The financial impact of such injuries can be staggering, with lifetime medical costs and the need for home modifications, equipment, and long-term care. Securing full and fair compensation in these cases is paramount to ensuring that victims receive the care and support they need to maintain the highest possible quality of life.
Verdicts & Settlements
Wrongful Deaths
Families who lose a loved one in a car accident face an even more devastating situation. Wrongful death claims can be brought by the deceased’s surviving family members to seek compensation for their loss. This can include funeral and burial expenses, loss of future income, loss of companionship, and emotional distress. While no amount of money can truly compensate for the loss of a loved one, these claims provide a means for families to obtain financial support as they cope with their grief and rebuild their lives.
Fighting for the Compensation You Deserve
Pursuing a car accident claim in Maryland is a complex and often stressful process. It requires a deep understanding of state laws, meticulous attention to detail, and the ability to effectively negotiate with insurance companies and, if necessary, present a compelling case in court. This is why having a dedicated legal team can make a significant difference in the outcome of a case. Experienced attorneys can provide invaluable support, handling the legal complexities and allowing victims to focus on their recovery.
75% of people who are injured due to someone else's negligence don't believe they could pursue an injury claim. 95% of personal injury cases are settled pretrial. Typically, only about five percent of personal injury claims will go to trial. $0 is the amount it will cost you to contact us and start your personal injury claim. Reach out for a free consultation.Personal Injury Statistics
If you or a loved one has been involved in a car accident in Maryland, don’t navigate this challenging time alone. At Alpert Schreyer Injury Accident Lawyers, we are committed to advocating for the rights of accident victims and ensuring they receive the compensation they deserve. Our experienced team understands the intricacies of Maryland’s car accident laws and has a proven track record of successfully handling even the most complex cases.
We work tirelessly to gather evidence, negotiate with insurance companies, and fight for the maximum compensation for our clients. Contact us today for a free consultation, and let us help you on the road to recovery.