Accidents happen almost every day. While some people are luck enough to emerge unscathed, others might be badly hurt. The person who caused the accident should be held accountable, even if they did not mean to cause harm. A lawyer can assist you with your personal injury claims.
Beginning a personal injury lawsuit can be challenging, and you should get help from an experienced lawyer. They can assist you with investigating the accident, gathering evidence, drafting a formal complaint, and developing an effective legal strategy. The best way to approach your case will depend on how you were injured, who is involved, and the evidence at our disposal.
Start with a free, private case review from our personal injury attorneys at Rice Law by calling (410) 694-7291.
How Do You Start a Personal Injury Lawsuit in Burtonsville?
Starting a personal injury case requires filing a formal complaint in court. However, this is not so easily done, and you need help from an experienced lawyer to help you build the strongest case possible.
Contact a Lawyer for Help
Your first step should be to call a lawyer. In Maryland, personal injury plaintiffs have only 3 years from the date of injury to file a lawsuit. This might seem like more than enough time, but do not be fooled.
It can take many months to prepare a case before it is filed. The longer you wait to call a lawyer, the harder it may be to find evidence, and the less time your lawyer will have to prepare.
Investigate and Gather Evidence
Your attorney can begin your case by launching an investigation into your accident. This may involve gathering evidence, speaking with witnesses, and communicating with the police.
Evidence may be found almost anywhere, and the evidence available will vary based on your specific circumstances. An experienced attorney will know what you need to prove your claims and how to get it.
Draft a Formal Complaint
Once your attorney has collected enough information and evidence, they can begin drafting a formal complaint. The complaint must include very specific and often lengthy details about how you were injured and why we believe the defendant should be held liable.
We should be prepared to explain how the accident occurred, your damages, and any evidence we must back up your claims. We do not need to include enough evidence in the complaint to satisfy our burden of proof. However, our personal injury attorneys need sufficient evidence to show that you have a valid cause of action.
Serve Notice of the Case to the Defendant
Once the complaint is ready to be filed, we must prepare to notify the defendant of the case. Notice is a legal requirement, and if it is not followed, the entire case may be dismissed.
In Maryland, we may serve notice by certified mail or by other means permitted under Maryland law. We should also check with the court to see if there are any specific rules the court has regarding notice.
What is a Personal Injury Case Worth?
The value of your claims will affect how your case proceeds. Cases where a lot of money is at stake tend to be more contentious, and we should be prepared to present the strongest possible case.
Medical Costs
One of the most prominent claims in many personal injury cases is medical expenses. Your injuries, whether severe or not, require treatment. Medical treatment is notoriously expensive. Even minor injuries that are expected to fully recover may be costly to treat.
Property Damage
Many plaintiffs lose valuable property during the accident. For example, a plaintiff in a car accident case may claim the cost of repairing or replacing their vehicle. They can also claim the value of any personal items in the vehicle that were destroyed in the accident.
Lost Income and Wages
Injuries often prevent victims from returning to work. The longer you must step away from your job to recover, the more income you may lose. You can and should claim the value of income you have lost so far and income you may continue to lose as the case proceeds. You can also include future lost income if you cannot return to your job for the foreseeable future.
Pain and Suffering
Non-economic damages involve painful personal experiences that cannot be proven with evidence of cost alone. Common examples include physical pain, mental distress, emotional turmoil, humiliation, and the overall loss of enjoyment of your life. Any personal experience that negatively impacts your quality of life should be accounted for.
Other Damages
You may incur other damages not mentioned here. Each case is unique, and you should talk about all losses and injuries you have experienced with your lawyer, no matter how small they might seem.
FAQs About Starting a Personal Injury Case in Burtonsville
What Kind of Injuries Constitute a Personal Injury Claim?
Personal injury cases often result from accidents. Cases frequently involve car crashes, accidents at work, medical injuries, slip and fall accidents, and more.
Who Should You Sue for Personal Injuries?
You may sue the person or people you believe are responsible for your accident, whoever they may be. You may sue one person or multiple people if several defendants share responsibility. In some cases, you may be able to sue a person’s employer if they caused your accident while on the job.
How Long Does a Personal Injury Case Usually Take?
Personal injury cases tend to take time. It is not unusual for a case to take months to prepare before it is filed. Once filed, it could be several more months before your case comes to trial. It is not uncommon for particularly contentious cases to take longer than a year to complete.
What Kind of Evidence Do You Need to Prove Personal Injury Claims?
We need evidence that establishes the defendant’s negligence. Specifically, we need to show that the defendant owed you a duty of care and violated that duty. Next, we must show that the accident was the direct result of the defendant’s actions, and that your damages are real and not merely hypothetical.
Do You Have to Have a Lawyer to File a Personal Injury Lawsuit?
While you are not required by the court to have a lawyer, it would be unwise to handle your case without one. Your attorney can develop the most effective legal strategy while navigating complex legal procedures to keep your case moving smoothly through the court system.
Ask Our Personal Injury Attorneys in Burtonsville for Help with Your Case Now
Start with a private, free case review from our personal injury attorneys with Rice Law by calling (410) 694-7291.