Serious accidents are an everyday occurrence in Maryland. If you were injured in an accident due to the negligence of another person, you could file a personal injury claim or lawsuit. An experienced Maryland personal injury lawyer can help on your path toward financial recovery after a devastating accident.
It helps to know how personal injury law works in Maryland and what your legal options are. Continue reading to get answers to frequently asked questions about personal injury law.
What Is Personal Injury Law?
Personal injury law is also known as tort law. In these cases, a court’s goal is to make a person “whole” again if someone’s negligence caused their injuries and losses. Negligence is when a person fails to use the care and caution expected of them, and injuries to someone else are the result.
Of course, after suffering serious injuries, a person might not be able to get back 100% to the way they were before. Instead, a personal injury claim will seek to restore an accident victim as close as they can get through other methods.
Financial compensation is the primary way a personal injury claim seeks to make a person whole again. Monetary awards in personal injury claims will reimburse accident victims for financial costs like medical bills and lost income. The claim can also address other losses, such as a victim’s pain and suffering.
Just as doctors practice in different fields of medicine, lawyers specialize in different areas of the law. Personal injury law is one area of specialty. If you were hurt in an accident and need a personal injury lawyer, make sure to find an attorney with a strong background in personal injury law.
Who Can File a Personal Injury Claim?
If a person is injured in an accident caused by someone else, they could have legal grounds to file a claim against that person or business. Generally, a claimant must be a legal adult to file any kind of legal action. When children are injured, their parents or guardians take on the role of filing a personal injury claim.
A personal injury claimant needs to show that the other person was responsible for the damages. If a personal injury plaintiff shared any share of fault for the accident, their claim could be denied under Maryland’s contributory negligence law. A lawyer can help you establish a claim and will fight back against claims that you were the one at fault.
What Is the Difference Between a Personal Injury Claim and a Personal Injury Lawsuit?
A personal injury claim is usually directed toward an insurance company shortly after the accident happens. Through a personal injury claim, the claimant seeks a fair financial settlement from the insurer for their losses. A personal injury claim does not take place in court. Instead, it is conducted privately between the insurance company and the claimant or their attorney. This process can take days, weeks, or sometimes months.
A personal injury lawsuit can be filed immediately after the accident or after an insurance claim does not result in a fair settlement. A personal injury lawsuit will be filed in the county where the accident happened. Before filing, a personal injury lawyer will investigate the accident, collect evidence, identify the correct defendant, and move forward with the case. A personal injury lawyer will handle all stages of the case, all the way to trial.
How Much Is My Personal Injury Claim Worth in Maryland?
All personal injury cases are unique and depend on the facts involved. There is no set number for how much a case will be worth from the start.
Factors influencing a claim’s value include:
- How the accident happened
- Your injuries from the accident and any long-term or permanent effects
- The accident’s impact on your income and ability to earn income in the future
- Availability of coverage under insurance policies
- Any emotional trauma or other distress suffered due to the accident.
A skilled personal injury lawyer can assess the value of your claim and help you pursue any available compensation.
What Types of Damages Can I Claim in a Personal Injury Case?
Damages in a personal injury case include economic damage and non-economic damages. Sometimes, punitive damages are involved if the defendant’s behavior is intentional or reckless.
Economic damages are the “dollars and cents” costs of an accident. Medical bills, lost income, and property damage are some of the items covered as economic damages in a personal injury case.
Non-economic damages in a Maryland personal injury case can include emotional distress, pain and suffering, reduced quality of life, and the other “unseen” costs of an accident. Experienced personal injury lawyers know how to estimate non-economic damages based on the injuries involved.
What Is the Deadline to File a Personal Injury Lawsuit in Maryland?
Maryland’s statute of limitations for personal injury is three years from the date of the accident in most cases. Some exceptions can apply, so be sure to consult a personal injury lawyer. If you don’t file your lawsuit within the statute of limitations, you could permanently lose your right to sue the person who caused your damages. That’s why it is critical to consult a personal injury attorney as soon as you can after an accident.
Contact a Maryland Personal Injury Lawyer for Help With a Personal Injury Case
Alpert Schreyer Personal Injury Lawyers has proven experience working with Maryland clients to secure financial compensation after an accident. If you or a loved one were hurt in an accident or suffered a catastrophic injury, you will have questions. Our dedicated legal team can answer your questions about your legal options in a personal injury claim. Call us today at (301) 932-9997 to schedule a free consultation.