Maryland Car Accident Lawsuit
Should I File a Maryland Car Accident Lawsuit?
Knowing when it’s right to file a lawsuit isn’t always easy. Every case is different. In some accidents, especially when injuries are minor and expenses low, it makes more sense to stick with an insurance claim.
Maryland gives you the option to make a claim or file a lawsuit. You may even be able to do both. There are a few important situations in which it makes sense to consider a lawsuit:
- You have serious injuries or may have lasting or permanent disabilities.
- Your injuries have compromised your ability to work and earn a living.
- Your medical expenses are high, and you may have ongoing costs associated with your injuries.
- The accident and injuries have significantly impacted your qualify of life or caused emotional trauma and pain and suffering.
- Your insurance claim resulted in inadequate compensation for your needs.
The best person to advise you on filing a lawsuit after a car accident is a lawyer specializing in these types of cases. They can offer a free case evaluation, so you get a good sense of your options and which actions are best.
How Much Can I Recover in Damages in a Maryland Car Accident Lawsuit?
The amount of damages you can recover in any lawsuit depends on the specific circumstances of your case:
- The severity of your injuries
- Medical expenses
- Expected future medical expenses and other costs
- Lost wages and lost future earning potential
- Any permanent disabilities or trauma
Damages also depend on state laws. In Maryland, non-economic damages are capped in all personal injury cases. The amount rises each year due to inflation, and your lawyer can advise you as to how this may limit your recovery. Maryland law also limits recovery if defendants in a trial can show that you have a degree of blame for the accident.
How Do I File a Maryland Car Accident Lawsuit?
Once you have a lawyer you trust, they will take you through every step of filing and following through with a lawsuit. Familiarize yourself with the steps so you know what to expect:
- Filing a complaint
The first official step in a lawsuit is filing a complaint with the courts. Your lawyer will prepare this document outlining your allegations and notifying the defendants involved. - Gathering evidence
The complaint begins a discovery period, which gives each side time to prepare their case. Your lawyer will investigate the accident, talk to witnesses and experts, hold depositions, and make a case to prove negligence. - Settling
If possible, your lawyer will likely go for a pre-trial settlement. The benefit of this is that, if successful, you will get compensation sooner. - Litigating
If the other side won’t settle for a fair amount, you can take your case to court. Your lawyer will litigate, arguing your case and relying on witnesses, experts, and evidence to win a jury award and damages. - Appealing
Even if you win in court, the defendants can appeal to a higher Maryland court. This delays your recovery of damages and could result in a reversal of the jury award.
What is the Statute of Limitations in Maryland?
The statute of limitations is set for all types of personal injury cases. Maryland law gives you three years from the time of an accident to file your lawsuit. If you want to make a claim against a government agency or employee, you have less time.
What Do I Need to Prove My Case?
In order to recover damages, your lawyer will need to prove the defendants were negligent in the accident and are liable for your resulting expenses. This means showing they did something wrong, causing the accident and your injuries.
The kind of evidence your lawyer will need to prove negligence depends on the situation. Generally, they will rely on the testimony of witnesses and experts, physical evidence from the accident and your injuries, and your medical records and expenses. So be sure to provide your legal team with everything they need to make your case.
Examples of Maryland Car Accident Lawsuits
Filing a lawsuit can be intimidating, but it is also important. A lawsuit not only allows you to recover damages but also helps you hold negligent drivers responsible for their harmful actions. Let these examples of past Maryland car accident lawsuits inspire you to take action.
Ashley Davis died after the driver of Lincoln Continental struck her as she crossed the street to get to her bus in Temple Hills in 2009. Her family sued the Prince George’s County Board of Education for failing to provide safe transportation. Davis should have had a bus stop on her side of the street, they argued. A jury agreed the School Board was negligent in her death and awarded her parents $90 million.[1]
A Baltimore fire truck crashed into a vehicle in 2007, resulting in the deaths of Iryna and Mikhail Petrov and Igor Saub. The truck sped through a red light, even though the policy is to stop at red lights and stop signs to ensure there is no oncoming traffic. The city agreed to settle the civil lawsuit brought by the victims’ families for $40,000.[2]
These and other cases from the state exemplify what a good legal team can do for accident victims. If you suffered injuries or lost a family member in a car accident, consider filing a lawsuit against those negligent.