Experiencing a car accident can be a traumatic event, and one of the most common injuries resulting from such incidents is whiplash. Whiplash, often underestimated due to its invisible nature, can cause long-term discomfort, pain, and even disability. If you or a loved one have suffered from whiplash in Maryland due to another party’s negligence, understanding the timelines and statute of limitations for filing a claim is crucial. This knowledge can ensure that your rights are protected and that you receive the compensation you deserve. This discussion will explore the legal framework surrounding whiplash claims in Maryland, providing you with the necessary information to navigate the process.
Understanding Whiplash Injuries
Whiplash occurs when the head is suddenly and forcefully thrown forward and then backward, much like the motion of a whip. This sudden motion can strain or sprain the muscles, ligaments, and tendons in the neck. Car accidents, particularly rear-end collisions, are the leading cause of whiplash. However, the injury can also occur in other situations, such as sports injuries or physical assaults.
The symptoms of whiplash can vary widely, ranging from mild neck pain and stiffness to severe discomfort that extends to the shoulders, arms, and back. Some individuals may also experience headaches, dizziness, and fatigue. In severe cases, whiplash can lead to chronic pain and long-term complications that affect a person’s ability to work and engage in daily activities.
Despite its prevalence, whiplash can be challenging to diagnose and treat. The symptoms may not appear immediately after the accident, sometimes taking days or even weeks to manifest. This delay in symptom onset can complicate the process of filing a claim, making it essential to seek medical attention as soon as possible after an accident.
Amazing firm. Went above and beyond in making me feel welcomed, informed, and at ease considering the serious reasons for me being there. It was my first time dealing with something like this and it was comforting knowing I had a whole team behind me working to get the best outcome possible which they did. Highly recommend this firm to anyone looking for a good reliable lawyer who will work with you and be considerate of your well being.” - Daniel Torres
The Importance of Timely Action
Taking immediate action after sustaining a whiplash injury is essential for several reasons. First, promptly seeking medical attention ensures that your injuries are documented, providing vital evidence for your claim. Medical records play a crucial role in establishing the extent of your injuries and linking them to the accident.
Second, Maryland law imposes specific time limits on filing personal injury claims, including whiplash cases. These time limits, known as the statute of limitations, are strict and unforgiving. Failing to file your claim within the designated timeframe can result in losing your right to seek compensation.
In addition to legal considerations, timely action can also impact the outcome of your case. Insurance companies and opposing parties may argue that delays in seeking medical treatment or filing a claim indicate that your injuries are not as severe as claimed. By acting promptly, you can strengthen your position and counter these arguments effectively.
Value of a Personal Injury Case Choosing a Personal Injury AttorneyRelated Videos
Maryland’s Statute of Limitations for Whiplash Claims
The statute of limitations is a legal deadline by which you must file a lawsuit. In Maryland, the statute of limitations for personal injury claims, including those for whiplash, is generally three years from the date of the accident. This means that if you do not file your claim within three years, you may be barred from pursuing compensation for your injuries.
It is important to note that this three-year period applies to cases where the injury is immediately apparent. However, as mentioned earlier, whiplash symptoms can sometimes take time to develop. In situations where the injury is not immediately evident, the statute of limitations may be extended under the “discovery rule.” This rule allows the statute of limitations to begin when the injury is discovered or should have been discovered with reasonable diligence.
The discovery rule can provide some relief for individuals who experience delayed symptoms, but it is not a guarantee. The burden of proving that the injury was not discoverable within the standard timeframe falls on the claimant. This can be a complex and challenging process, requiring thorough medical documentation and legal experience.
Steps to Take After a Whiplash Injury
If you have sustained a whiplash injury in an accident, taking the following steps can help protect your rights and strengthen your claim:
First, seek medical attention immediately. Even if you do not feel pain or discomfort right away, it is essential to get a medical evaluation. Whiplash symptoms can take time to develop, and early diagnosis can prevent further complications.
Second, document everything related to the accident and your injuries. This includes obtaining a copy of the police report, taking photographs of the accident scene, and keeping detailed records of your medical treatment and expenses. Any communication with insurance companies or other parties involved should also be documented.
Third, consult with a qualified attorney as soon as possible. Navigating the legal complexities of a whiplash claim can be daunting, especially when dealing with the physical and emotional toll of the injury. An attorney can guide you through the process, ensuring that all necessary paperwork is filed within the statute of limitations and that your rights are protected.
Verdicts & Settlements
Factors That Can Affect the Statute of Limitations
While the three-year statute of limitations is the general rule in Maryland, certain factors can alter this timeline. For instance, if the injury victim is a minor at the time of the accident, the statute of limitations may be extended. In Maryland, minors have three years from their 18th birthday to file a personal injury claim. This extension acknowledges that minors may not have the legal capacity to pursue a claim on their own.
Another factor that can affect the statute of limitations is the defendant’s identity. If the defendant is a government entity or employee, different rules may apply. In Maryland, claims against the government must be filed within one year of the accident, and strict notice requirements must be met. Failing to comply with these requirements can result in the dismissal of your claim.
Additionally, if the defendant leaves the state or goes into hiding to avoid legal action, the statute of limitations may be paused or “tolled.” This tolling period allows you to file a claim once the defendant returns or is located. However, tolling is not automatic, and the circumstances must be carefully examined to determine whether it applies to your case.
Challenges in Proving Whiplash Claims
Proving a whiplash claim can be challenging due to the nature of the injury. Unlike visible injuries such as broken bones or lacerations, whiplash is often an “invisible” injury, making it harder to substantiate. Insurance companies may be skeptical of whiplash claims, arguing that the injury is exaggerated or unrelated to the accident.
To overcome these challenges, it is crucial to have thorough medical documentation. This includes detailed records from your healthcare providers, such as doctors, physical therapists, and chiropractors. These records should outline your diagnosis, treatment plan, and progress. Additionally, testimony from medical professionals may be necessary to explain the nature of whiplash injuries and their potential long-term impact.
Another challenge in whiplash claims is establishing causation. You must prove that the accident directly caused your injury. This can be complicated if you have pre-existing conditions that could be contributing to your symptoms. In such cases, medical evidence and testimony can help differentiate between the effects of the accident and any pre-existing conditions.
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
The Role of Insurance Companies
Insurance companies play a significant role in the claims process, and their involvement can either facilitate or hinder your ability to receive fair compensation. After an accident, the at-fault party’s insurance company will likely be responsible for compensating you for your injuries. However, insurance companies are for-profit entities, and their primary goal is to minimize payouts.
Insurance adjusters may attempt to downplay the severity of your injuries or offer a low settlement that does not adequately cover your medical expenses, lost wages, and pain and suffering. They may also try to shift some of the blame onto you, reducing the amount of compensation you are entitled to receive.
Given these challenges, it is advisable to consult with an attorney before accepting any settlement offers from an insurance company. An attorney can negotiate on your behalf, ensuring that you receive a fair settlement that reflects the true extent of your injuries and losses.
Filing a Lawsuit
If negotiations with the insurance company do not result in a satisfactory settlement, you may need to file a lawsuit to pursue compensation. Filing a lawsuit involves several steps, each with its own set of procedures and timelines.
The first step in filing a lawsuit is drafting and filing a complaint. The complaint outlines the details of the accident, the injuries you sustained, and the compensation you are seeking. Once the complaint is filed, the defendant has a certain period to respond. The response may include admitting or denying the allegations, filing a counterclaim, or requesting a dismissal.
After the initial filings, the discovery phase begins. During discovery, both parties exchange information and evidence related to the case. This may include depositions, interrogatories, and requests for documents. Discovery can be a lengthy process, but it is essential for building a strong case.
If the case does not settle during or after discovery, it will proceed to trial. At trial, both parties present their evidence and arguments before a judge or jury, who will then render a verdict. Trials can be unpredictable, and the outcome is not guaranteed. However, a well-prepared case increases the likelihood of a favorable verdict.
Filing a whiplash claim in Maryland involves navigating complex legal processes, adhering to strict timelines, and overcoming various challenges. Understanding the statute of limitations and the steps involved in filing a claim is essential to protect your rights and pursue the compensation you deserve.
If you or a loved one have suffered a whiplash injury due to someone else’s negligence, seeking legal assistance can make a significant difference in the outcome of your case. The attorneys at Alpert Schreyer, LLC are dedicated to helping injury victims navigate the legal system with confidence and achieve the best possible results. Contact Alpert Schreyer, LLC today to discuss your case and learn how we can assist you in pursuing the compensation you deserve.