Accidents happen. But when someone else's negligence leaves you injured, you deserve compensation. In those cases, you’d go through a personal injury claims process.
But what is a personal injury claim, and how does the personal injury claims process work?
Whether you've been in a car accident, slipped and fallen, or suffered due to someone else's carelessness, understanding your rights is the first step toward recovery.
Let's break it down.
A personal injury claim is a legal demand for compensation when you've been injured due to someone else's negligence or intentional actions. It's about holding the responsible party accountable and getting you the financial support you need to recover.
Some of the most common causes we see are:
Note that the statute of limitations for defamation in Maryland is only one year, which is shorter than for other personal injury claims.
Not every bump or bruise qualifies for a personal injury claim. To have a valid claim, you generally need to prove three key elements:
To build a strong personal injury claim, you'll need solid evidence. This often includes:
In some cases, depending on where your injury occurred and who the responsible party is, you may have to file a formal notice of claim within a specific timeframe.
This is especially true if you're filing a claim against a government entity, where you must give written notice within one year of the injury.
The personal injury claims process can seem like a labyrinth, but it can be broken down into eight distinct steps. Let's take a closer look at each one:
First and foremost, prioritize your health and seek immediate medical attention, regardless of how you feel initially. Some injuries may not manifest symptoms right away, and a doctor's evaluation is crucial for both your well-being and establishing a record for your claim.
While the accident is still fresh in your mind, meticulously document everything. This includes taking photos and videos of the scene, your injuries, and any property damage.
Gather contact information from any witnesses who may have observed the incident. If the police were involved, obtain a copy of the police report as it can contain valuable details about the accident.
If your injury occurred on someone else's property, such as a slip and fall in a store, report it to the property owner or manager as soon as possible. For car accidents, file a police report promptly.
A skilled personal injury attorney can be your trusted guide and advocate. Look for an attorney with expertise in your specific type of case, whether it's a car accident, medical malpractice, or product liability. Their specialized knowledge is crucial to building a strong case.
Research the attorney's reputation and track record. A reputable firm will have the resources and experience to conduct a thorough investigation and advocate effectively for your rights.
Equally important is finding an attorney you feel comfortable with and who communicates openly and clearly. This is someone you'll be working closely with, so trust and rapport are essential.
The claims process begins with an initial consultation with your chosen attorney. This is your opportunity to share your account of the accident, present any evidence you've gathered, and ask any questions you may have.
Your attorney will explain the legal process, assess the strengths and weaknesses of your case, and discuss potential strategies for moving forward.
Based on your initial consultation, your attorney will launch a thorough investigation. This may involve interviewing witnesses, consulting with experts, reviewing medical records and bills, and analyzing any available video footage or other evidence.
Once the investigation is complete, your attorney will prepare and file a formal claim with the responsible party or their insurance company.
This claim outlines your injuries, damages, and the legal basis for your compensation demand. In some cases, such as claims against a government entity, you might need to file a formal notice of claim within a specific timeframe.
A personal injury claims process can be resolved through negotiation rather than going to trial. Your attorney will handle these negotiations on your behalf, aiming to secure a fair settlement that covers all your damages, including medical expenses, lost wages, and other losses.
Negotiations typically involve the exchange of a demand package, which details your damages and counteroffers from the insurance company. Your attorney will employ various negotiation strategies to advocate for your best interests.
If direct negotiations with the insurance company stall, your attorney may suggest mediation or arbitration as alternative dispute resolution methods. These can be effective in reaching a resolution without the time, expense, and uncertainty of a trial.
Insurance companies are key players in the personal injury claims process, and dealing with them can be a frustrating experience. Your attorney will be your advocate, navigating the ins and outs of insurance policies and guaranteeing that your rights are protected.
Whether it's your own insurance company or the at-fault party's insurance, your attorney will handle all communication and negotiations.
They will work to maximize your benefits under your own policy, which could include:
Your attorney will also engage with the at-fault party's insurance company, seeking a fair settlement that covers your damages. They will scrutinize the insurance policy, assess liability, and negotiate for the maximum compensation you deserve.
In cases involving unique circumstances, such as electrocution or house fires, other insurance policies might come into play, such as homeowner's insurance. Your attorney will identify all potentially applicable policies and pursue all available avenues for compensation.
If a fair settlement cannot be reached through negotiation and you want to sue for injury, your attorney may recommend taking your case to trial. This is a very important step, and your attorney will guide you through the entire litigation process.
The first step is filing a formal lawsuit in the appropriate court. This initiates the discovery process, where both sides exchange information relevant to the case. This can involve answering written questions, producing documents, and giving depositions.
Your attorney may also file pre-trial motions to address specific legal issues, such as excluding certain evidence or seeking summary judgment (a decision in your favor without a full trial).
If the case proceeds to trial, your attorney will present your case before a judge or jury, aiming to prove the defendant's liability and the extent of your damages.
Your attorney will work diligently to calculate your damages, which can be categorized into two main types:
If the trial court's decision is not in your favor, you may have the option to appeal. An appeal is a request to a higher court to review the decision and potentially overturn or modify it.
Appeals are typically based on legal errors made by the trial court, such as the misapplication of the law or the exclusion of crucial evidence.
Your attorney will assess the grounds for appeal and advise you on whether pursuing an appeal is a viable option. If you decide to appeal, your attorney will file a notice of appeal within the specified timeframe and prepare legal arguments to present to the appellate court.
Maryland, like any state, has its own set of laws and regulations governing personal injury claims. One key aspect is the statute of limitations, which is the deadline for filing a lawsuit.
In Maryland, you generally have three years from the date of the accident to file a personal injury claim. However, there are exceptions to this rule, such as cases involving medical malpractice, which have a shorter time frame.
For medical malpractice cases, the statute of limitations is the lesser of five years from the date of injury or three years from the date the injury was discovered.
Another important factor is Maryland's contributory negligence rule. This means that if you're found to be even partially at fault for the accident, you may be barred from recovering any compensation.
This is a stricter rule than comparative negligence, used in many other states, which allows for partial recovery even if you share some blame.
Maryland also has specific rules regarding insurance coverage, including the aforementioned PIP, which can provide benefits for medical expenses and lost wages regardless of who was at fault.
The Maryland State Bar Association provides referrals to qualified personal injury attorneys.
Additionally, the Maryland Legal Aid Bureau provides free legal services to low-income individuals and families, including those with personal injury claims. They can offer advice, representation, and assistance in understanding your rights and options.
The timeline for a personal injury claim in Maryland can vary widely depending on the complexity of the case, the severity of your injuries, and the willingness of the insurance company to negotiate.
However, based on our experience, here's a general estimate of the timeline:
Attorney Christopher L. Beard has dedicated his career to fighting for the rights of personal injury victims in Annapolis and throughout Maryland.
His results speak for themselves:
These are just a few examples of Mr. Beard's dedication to his clients and his ability to achieve outstanding results.
If you're ready to take the first step toward justice and recovery, don't hesitate to reach out to Christopher L. Beard. Schedule your free consultation or call (443) 569-3950 to discover how he can help you navigate your personal injury claims process.
