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How Does A Car Accident Lawsuit Work in Maryland?

How Does A Car Accident Lawsuit Work in Maryland?

In Maryland, filing a car accident lawsuit involves several steps. Maryland car accidents also occur when the driver of one vehicle is distracted by another vehicle. Many drivers are texting while driving, which is illegal in Maryland.

You should immediately contact a car accident attorney when you get into a car accident. They will help you determine if you have a valid claim and can help you file a claim with the insurance company. The car accident lawyer will fight for you if the insurance company denies your claim.

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How Does A Car Accident Lawsuit Work in Maryland?

The process of filing a lawsuit related to a car accident can vary greatly, depending on where the accident takes place. You must determine whether or not you have a valid claim against the other party. You may not know whether or not you have a valid claim. An experienced car accident attorney can help injured motorists determine whether they have a case.

In today's article, we'll look at how a car accident lawsuit works in Maryland.

#1. File an Insurance Claim

The first step in taking legal action after an auto accident is to file an insurance claim with the driver's own insurance provider or that of the other driver involved in the incident. Drivers are required by law to carry "no-fault" or "liability" coverage, and this is typically used to cover medical bills, lost wages, and other damages immediately following an accident.

#2. Hire An Attorney

Once you have filed your insurance claim, it is often advisable to consult an experienced attorney specializing in auto accidents.

This is because they can help you understand any issues that may arise during subsequent court proceedings – and what body of evidence they will need in order to prove any claims and defend any counter-claims that may be made against you at trial.

Your attorney will handle all negotiations between yourself, the other driver's insurance company, and their lawyers concerning compensatory damages related to medical bills, lost wages, and non-economic losses like pain and suffering caused by the crash.

#3. File A Lawsuit With The Court Of Common Pleas In Your County Of Residence

If attempts at negotiations fail or if you are unhappy with the compensation offered by either party's insurance provider, then filing a lawsuit with the court of common pleas may be necessary so as to compel both parties into settling at trial or further negotiations beyond that point. 

#4. Set up Pretrial Hearings And Deposition Dates

Pretrial hearings start when lawyers representing each side submit written evidence regarding their client's claims/denials thereof, followed by witness statements submitted by parties more associated directly with said matters; during which period-specific information relevant to the complaint shall be discussed openly between attorneys.

#5: Go To Trial Or Settle Out Of Court

Depending on the circumstances and damages, parties will decide to settle or go to court. 

When to File a Car Accident Lawsuit?

Getting into a car accident can be extremely traumatic and overwhelming. Even if the accident wasn't your fault, you may find yourself wanting to take legal action against the person who caused it.

But when is the right time to file a car accident lawsuit?

When You Have Injuries or Damages That Are Significant

If you were injured in a car accident and have medical bills, lost wages, or other related expenses that are significant and far exceed what insurance coverage will cover, filing a lawsuit could be your best option. Likewise, if you have suffered property damage that is significantly higher than what insurance coverage will adequately cover, then you may want to reach out to a lawyer to see if filing a lawsuit is an option.

When There Is Disagreement About Whose Fault It Was

In many cases, when there's disagreement about who was at fault for the accident—whether between two drivers involved in the crash or between an insurance company and the driver—the matter can be settled through negotiation before ever having to go to court. However, if negotiations fail and a resolution cannot be reached without either party compromising on their position, a suit may need to be filed.

When You Are Not Being Fully Compensated by Insurance Coverage

There are some situations where your damages are covered by insurance but the maximum settlement amount of your policy does not adequately compensate for your damages or injuries sustained from the accident. If this happens, filing a lawsuit might be necessary in order for you to get full compensation for what has been taken away from you due to the faulty actions of another person or entity (such as Uber).

When There Is A Statute Of Limitations On Your Case

It is always suggested that any disputes with an insurance company should first be worked out before going straight into litigation mode. It's also important to remember that in most cases there is something called a "statute of limitations," which states how long one has been trying to collect money from someone else or any particular organization after being involved in any incident. If applicable laws begin running out before these settlements can be concluded then filing a car accident lawsuit might become essential just within time constraints alone!

Do I Need to Report My Car Accident In Maryland?

Car accidents can be an unexpected and overwhelming experience. In the state of Maryland, all car accidents must be reported to the Maryland Department of Transportation (PennDOT). The following guide will provide answers to your questions about filing a car accident report in Maryland.

Yes, you are required to report any car accident that took place in the state of Maryland with property damage or injury resulting from it. If there is no property damage going over $500 or any injuries sustained then you do not need to file a report. For those mandating filing reports, this can be done online via PennDOT's website or by filling out a form at your local police station.

When reporting your car accident, you will need to provide information such as the date and time of the incident; names and contact information of drivers and witnesses; insurance policy numbers; license plate numbers; driver's license details; vehicle details; and descriptions of how the accident occurred. You should also take photos at the scene if possible.

You must report your car accident within five days of it occurring unless you are unable to submit it due to extenuating circumstances (such as hospitalization). If this does occur, then make sure you contact PennDOT with supporting documentation once able.

How Long Do I Have to File a Car Accident Lawsuit in Maryland?

If you were involved in a car accident in Maryland, you may be wondering how long you have to file a lawsuit. In Maryland, the statute of limitations sets limits on the amount of time victims is given to file a lawsuit. The statute of limitations laws vary from state to state, so it's important to understand the laws in your state before filing a car accident lawsuit.

In general, Maryland's statute of limitations for car accident lawsuits is two years from the date of the crash. This means that you must file your lawsuit within two years of when the crash occurred – or risk having your claim dismissed due to the expiration of time.

Keep in mind that many other factors can influence when exactly the clock starts running on your case – such as who was at fault and when you discovered an injury or damages caused by the crash. So, if you think that it might take longer than two years for any unresolved issues related to your accident to be resolved, it's important that you contact an experienced attorney who can help assess your case and advise whether or not filing a lawsuit is necessary.

Additionally, there are exceptions to this timeline where victims may be granted additional time to file their claims. For instance, those injured as minors may benefit from an extension on their deadline, allowing them until age 21 (or even later) to initiate their claim against responsible parties. Other special circumstances like incapacitation due to injury or illness also sometimes warrant extensions.

How Do Car Accident Settlements Work in Maryland?

Car accident settlements can be tricky to understand if you don't know how the process works. In Maryland, the laws governing personal injury are complex, and the courts have policies that protect those injured in car accidents from being taken advantage of.

If negotiation attempts fail and good solutions cannot be reached during arbitration or mediation, then you may need to pursue litigation in court as a last resort option - though this is typically a much more expensive avenue than settling outside of court through mediation/arbitration approaches!

Can I Solve This on My Own, or Do I Need an Attorney?

When you are involved in a car accident, it can be difficult to determine what steps to take next. It's always best to seek the help of a qualified attorney if you are involved in a car accident.

A car accident attorney has developed expertise in representing clients who've been injured in car accidents. They understand the law and know what evidence is necessary to prove their client's rights have been violated.

What Does a Car Accident Lawyer Do?

  • They Can Help Pursue Compensation
  • They Can Work With Medical Providers To Ensure You Receive Appropriate Treatment
  • They Can Help Prove That Negligence Occurred During an Accident
  • They Can Help Negotiate A Fair Settlement

Seek an Experienced Car Accident Attorney in Maryland

Our team of MD licensed car accident injury attorneys has seen many severe injuries from traffic collisions, such as brain injuries, bone breaks and fractures, back and neck pain, wrongful death, amputation of legs, arms, fingers, loss of eye and vision, whiplash, internal bleeding, spinal injuries, quadriplegia, and paraplegia.

Our firm has over 50 years of combined experience representing clients in personal injury claims. We work on a contingency fee basis, which means that our fees are directly tied to the amount of recovery we obtain on behalf of our clients. As a result, we are only paid if we win your case.

We understand that it can be difficult to prove negligence, so we will work hard to get you the maximum compensation possible. We will be there for you every step of the way. Call today for a free consultation.

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Aaron Blank Esq
Date Published: December 20, 2022
Aaron Blank is a patient safety advocate who holds the healthcare system responsible when it fails. He keeps businesses accountable if they choose profits over the safety of the community, and he ensures car insurance companies pay their fair share for the harm that reckless drivers cause. Aaron and his proficient legal team bring an approach based on dedication, guidance, and compassion through the difficult process of pursuing serious injury claims. He has dedicated his career to fighting for injury victims to recover losses from medical expenses, lost income, loss of enjoyment of life, or the loss of a loved one.
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This website is by Blank Kim P.C. d/b/a Maryland Injury Guys. We have offices throughout Maryland with attorneys licensed to practice law in the state of  Maryland. Use of this site does not form an attorney-client relationship and information herein shall not be construed as legal advice. This website is to be considered as ATTORNEY ADVERTISING. Past settlement and verdict values are no guarantee of similar future outcomes. This firm may retain local counsel to prosecute cases. This website has not been approved by the Court of Appeals of Maryland or the Maryland State Bar. Cases may be co-counselled or referred to other firms for litigation.
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