Injuries from car accidents are one of the most common causes of accidental death. Nonfatal injuries are also incredibly common, with millions of people in the U.S. seeking emergency medical treatment after car accidents each year. If you were injured in a car crash, or a family member was killed in a car accident, contact Rice Law today.
In most car accidents, one or more drivers are to blame. Car accident victims are often entitled to sue the at-fault driver to seek financial compensation for their vehicle damage, injuries, and other harms resulting from the crash. Dealing with the at-fault driver’s insurance company can be tricky, and it is always helpful to have the assistance of an attorney throughout the process.
For a free, confidential legal review, call our car accident lawyers today at Rice Law at (410) 694-7291.
What to Do After a Car Accident in Bethesda, MD
What you do immediately after your car accident in Bethesda will have a direct and substantial impact on your ability to recover for damages.
- At the scene, document all relevant information. Take pictures of the vehicle damage and the accident scene.
- Get insurance information from all other drivers involved.
- Call 911 so that the dispatcher can send an officer to write up an accident report.
- The report will be critical to establishing the facts that allow you to recover.
- If there are eyewitnesses, try to get their contact information in case you need them to make a statement later.
The Importance of Immediate Medical Care After a Car Accident
Seek medical care immediately. Waiting too long between the accident and a medical examination opens the door for the insurance company to question the severity of your injuries or whether they were actually caused by the accident.
Keep a record of all the medical expenses that you incur while you are having your injuries assessed and treated. We need documentation of your expenses so you can claim compensation.
Calculating What Your Car Accident Case is Worth
The question of how much your case is worth comes down to the specific facts of your case. Your attorney can help with this step.
It is important first to understand what damages you may be entitled to claim. Typically, the goal of a car accident lawsuit is to put the victim back to where they were before the car crash. That means any expenses stemming from the crash could be claimed as damages, including:
- Medical bills
- Lost wages
- Pain and suffering
- Vehicle damage
Calculating these damages can be complex. In some situations, you may have recovered from your injury already, and you know the total cost of medical bills, lost wages, and other financial damages you faced. In others, you might face ongoing costs for things like medical care, and future damages may be on the horizon.
What if You Lost a Loved One in a Car Accident?
In a case involving the death of a loved one, it is impossible to put things back the way they were. However, there are often many more economic and non-economic damages that you can seek compensation for, including the following:
- End-of-life medical care
- Pain and suffering
- Lost wages
- Lost companionship
- Lost counsel
- Lost household chores
- Lost investments
You do not have to be involved in the car accident to file a wrongful death lawsuit for the loss of a loved one. Damages in these cases are often quite substantial, as death is complicated to compensate for.
Can You Claim Future Damages in a Car Accident Case?
Many car accident victims may continue to incur damages from the collision long after their insurance claim or lawsuit is over. As such, we must carefully assess your future damages when we file your case and make sure they are accounted for in an award of damages.
Plaintiffs with ongoing damages may need experts to estimate future damages and calculate their present value. For example, we may need medical experts to explain what future medical treatment will likely cost. We might also need other financial experts to explain the income you may lose now and in the future because of the crash.
Damages for Pain and Suffering in a Car Accident Case
The cost of non-economic damages for pain and suffering may be calculated based on other similar cases and the comparative effect that the injury had on you.
For instance, if your pain and suffering make it impossible to participate in activities you love or hold your children, you could face higher damages than if the pain had no permanent effects.
We must also consider the actual physical pain your injuries cause and how it affects your daily life. More severe injuries usually involve greater pain and greater damages. Similarly, more serious accidents tend to cause greater psychological harm. One bad accident could leave a driver with serious trauma or even PTSD symptoms.
Calculating Settlement Amounts After Car Accidents in Bethesda, MD
The insurance company usually takes the total claimed economic damages (including medical expenses and lost wages) and multiplies that amount by a number that reflects the accident’s severity and the pain and suffering the victim endured as a result.
Setting the Multiplier
This number ranges between two and five, with five representing the most severe injuries. For instance, a broken arm might receive a multiplier of two, while a severed arm may receive a multiplier of four or five, depending on the plaintiff’s background.
Countering Low Offers
The insurance company might make an initial offer using a multiplier that is far too low. We do not have to accept the first offer and can negotiate for more. If the insurance company will not budge on their low-ball offer, we can take your case to court.
Is an Insurance Settlement or a Lawsuit the Better Option?
Insurance settlements are very common and are the preferred option in most cases.
Why Settle?
Lawsuits can be very time-consuming, while insurance claims tend to be much faster. Insurance settlements are usually a great legal option if the insurance company is willing to offer a good settlement that adequately covers your damages.
When to Reject Settlement Offers
It may be beneficial to avoid going to court for your recovery, but that does not mean that you should take less than you need to recover from your car accident injuries. However, if the insurance company will only offer a low-ball settlement, it may be in your best interest to reject the offer and take the case to court. You might have to spend more time and effort on your claim, but you may get what you need in the end.
Can You Negotiate with the Insurance Company About a Car Accident Settlement?
As mentioned before, we may be able to negotiate with the insurance company to try to get a better settlement. Remember, the insurance company’s first settlement offer is likely not the maximum they can offer. We can reject this offer and ask for more, presenting evidence to support your claims for more.
How Negotiations Work
Negotiations can get intense, especially when a lot of money is on the line. If your damages are especially significant, we might have to spend more time negotiating with the insurance company. Sometimes, it is a matter of time. Once the insurance company realizes that we cannot be waited out, they may return with a better offer.
Evidence Needed for Strong Negotiations
Having the strongest evidence possible will also help us during negotiations. While we do not have a burden of proof during settlement talks, the insurance company may be more willing to offer a good settlement if the evidence makes it clear that they would likely lose in court.
Gathering Evidence After a Car Accident
Whether we take your claims to court or negotiate for a settlement, we need evidence. Evidence will vary from case to case and is often unique to each plaintiff. Even so, evidence often includes, but is not limited to…
- Medical records about your injuries
- Photos of the accident scene
- Security camera footage
- Dashcam videos
- Witness testimony
- Details from police reports
- Accident reconstruction experts
Can You Use a Police Report as Evidence in a Car Accident Case?
Generally, police reports are inadmissible as evidence in court because they violate the rules against hearsay.
Hearsay Rules
Hearsay evidence is usually based on second-hand information, and the opposing party cannot scrutinize its source. Police reports are often compiled by officers who did not witness the accident, making much of the information in the report hearsay.
Using Reports Outside of Court
However, you may use the police report during private settlement negotiations. Evidentiary rules and requirements do not apply to settlement talks, and we can use information in the report when negotiating with the insurance company.
Do You Need a Lawyer to File a Car Insurance Claim?
Insurance companies may try to exploit potential plaintiffs if they see they lack representation. The best way to be sure that the insurance company is offering you a fair settlement is to speak with a Bethesda car accident lawyer. Lawyers have been through the insurance negotiation process before and can identify quickly whether you are being dealt with in bad faith.
On top of that, if your insurance claim does not pan out as you hoped, your attorney should be ready to immediately prepare for a lawsuit. In many cases, attorneys file the lawsuit before beginning settlement talks. This way, if settlement negotiations break down, the lawsuit is already pending and ready to move forward.
Common Types of Car Crashes in Bethesda, MD
Car crashes often happen because of a few common mistakes and causes. Our attorneys commonly handle accidents caused by the following issues and may be able to help with your case as well:
Speeding
Speed contributes to most car accidents. Even if speed is not the only cause, it may have contributed to the accident or enhanced the harm the crash caused.
Whichever driver was speeding is often at fault for the crash. If both drivers were speeding, the jury may not consider that a relevant factor in who was at fault and may look to other issues.
Drowsy and Drunk Driving
Drunk drivers have reduced reaction time, reduced judgment, and other deficits in motor skills and mental skills that make them a huge risk behind the wheel. Tired driving has many of these same risks and can make a driver just as dangerous as an intoxicated driver.
Failing to Yield or Stop
Many accidents occur when drivers fail to stop where they should or fail to yield to another driver with the right of way. Drivers who run a stop sign or enter an intersection when they shouldn’t can cause serious accidents if another driver hits them.
Similarly, failing to yield when merging or entering a highway could force other drivers off the road or force them into other lanes of traffic, causing potentially serious high-speed collisions.
Distracted Driving
Like speeding, distraction is another common contributing cause in many car accidents. Taking your eyes off the road for a second is often expected, but drivers who have significant mental or physical distractions in their car might be at fault for a crash.
This is especially true for drivers who text while driving, taking their eyes off the road and their hands off the wheel. This puts other drivers at risk, and evidence of serious distractions can help prove a driver was at fault for the crash.
Following Too Closely/Tailgating
Drivers who follow too closely are typically violating traffic laws against tailgating. These drivers also put themselves and others at risk.
Keeping a proper following distance helps avoid accidents by giving you enough time to react and enough room to stop if you need to stop suddenly or if the car in front of you stops.
This required stopping room increases at high speeds, so tailgating on the highway is especially negligent.
How to Deal with Insurance Companies after a Car Accident in Bethesda, MD
Expect to hear from the other driver’s insurance company soon after a claim has been filed. The insurance representative may ask you questions about the accident or ask you to confirm a version of the story they already have.
Do Not Give Extra Statements
You are not obligated to provide the insurance representative with any additional information about the events, regardless of what they tell you. Insurance companies attempt to get car accident injury victims to admit to a version of events that will limit their recovery.
The insurance company can use any statement you make to them in court if your case goes to trial. These statements will impact your ability to recover.
Have Your Lawyer Communicate with Insurance for You
You should instead designate your attorney to communicate with the insurance provider on your behalf. A diligent Bethesda car accident lawyer will be well aware of the tricks that insurance providers employ to limit victims’ recoveries.
What if the At-Fault Driver in an Accident is Uninsured?
If the at-fault driver in your car accident does not have insurance, you may need to rely on your own uninsured or underinsured motorist coverage for compensation. This coverage is required for all drivers in Maryland, so you should be able to submit a first-party claim with your own coverage, if necessary.
Seeking Out Alternative Defendants in Car Accident Cases
If the defendant is uninsured and your own insurance is not enough to cover your damages, we may need to find alternative defendants. While we could try to make the defendant pay out of pocket, they might be unable to afford your damages, or they could be totally judgment-proof with no ability to pay for anything.
Was the at-fault driver working at the time of the accident? People who drive as part of their jobs sometimes cause accidents, and their employers may be held responsible. If possible, we can sue the at-fault driver’s employer, who likely has more financial resources to pay compensation.
Suing the At-Fault Driver’s Employer for a Car Accident
A defendant’s employer may be held vicariously liable for a car accident if the defendant caused the accident while in furtherance of normal job duties. For example, if a delivery driver causes an accident, injured victims could sue both the driver and the delivery company. The company could be held vicariously liable for the damages, even if they had nothing to do with the accident.
Direct liability may arise if the at-fault driver was unfit to drive, but their employer hired them anyway or knowingly allowed them to drive while unfit. In such cases, the driver’s employer might be directly liable for negligent hiring or entrustment.
Statute of Limitations for Car Accident Lawsuits in Bethesda, MD
Maryland law requires that car accident lawsuits be filed within three years of the date of the accident. Maryland courts will dismiss lawsuits filed after the deadline without hearing the merits.
Call Our Bethesda Car Accident Attorneys for a Free Case Consultation
For a free, confidential legal review, call our car accident lawyers today at Rice Law at (410) 694-7291.