After being involved in an accident due to the negligence of another person or entity, a victim may have to seek compensation from an insurance company. However, insurance companies often try to present victims with settlements that are inadequate to cover the expenses for the financial losses they suffered. That is why it is important to examine whether you should consider filing a lawsuit instead of seeking a settlement. If you were the victim of a serious accident, you should consult with an experienced Baltimore personal injury lawyer as soon as possible. At the Law Offices of Randolph Rice, we are committed to working with victims that suffered severe injuries due to the negligence of another. You do not have to fight your case alone; we are here for you in your time of need. Personal injury lawyer Randolph Rice is here to explain whether a victim can sue after accepting an insurance settlement in Maryland.
Filing a Lawsuit After an Insurance Settlement in Maryland
If you were injured in a car accident, slip and fall, or another type of accident, there are a few options that you may have to recover compensation for your injuries. One way that a victim can recover damages for their losses is to seek compensation from an insurance company. Specifically, you would have to contact the insurance company that insures the person or entity that caused your injuries.
If the insurance company believes a policyholder was the cause of your injuries, they will likely offer you an insurance settlement. However, the goal of an insurance company is to limit their liability and avoid paying out large sums of money. As a result, the insurance company could offer you a settlement that is not sufficient in comparison to the economic and noneconomic losses you sustained. Under these circumstances, a victim may believe they have no choice but to accept the settlement presented by the insurance company. However, there are other options.
A victim that was an inadequate settlement by an insurance company can seek to file a lawsuit against the individual that caused their injuries. Note, however, a victim generally cannot accept a settlement and then file a lawsuit to recover additional damages. The victim must decide whether they will accept the settlement or seek litigation to recover the compensation they deserve.
Before accepting a settlement from an insurance company, you should speak with an experienced attorney to discuss your legal options. However, if you already accepted a settlement for your case, you should still consider speaking with an attorney that can inform you of your legal rights in the matter.
To learn more about filing a personal injury lawsuit after a accident, you should continue reading and speak with an experienced Maryland personal injury attorney as soon as possible.
Statute of Limitations for a Personal Injury Lawsuit in Maryland
Insurance settlements can often take a significant amount of time to negotiate. A victim could be waiting for an indefinite amount of time if an insurance company decides to drag their feet. This can impact your potential lawsuit if you decide to deny the settlement. The reason for this is the statute of limitations.
The statute of limitations sets the amount of time that a potential plaintiff has to file a lawsuit with a court of law. Note, however, that the statute of limitations is subject to change depending on the circumstances of a victim’s case. For example, if a victim is pursuing a medical malpractice lawsuit, this could have a different filing deadline than a personal injury lawsuit.
In Maryland, the statute of limitations for a personal injury lawsuit is three years from the date of the accident. If a plaintiff does not file their lawsuit within this timeframe, the court can bar the claim entirely. Specifically, the defendant can move to dismiss the case for violating the statute of limitations. If the court agrees with the defendant, the lawsuit will be dismissed with prejudice. This means the case cannot be refiled. As a result, a plaintiff will be unable to seek compensation for their injuries.
You should consult with an experienced attorney about the filing deadline for your case if you are concerned. Making an assumption about the status of your case could negatively impact your potential lawsuit. Additionally, if an attorney is aware that the filing deadline on your case is quickly approaching, they could become hesitant to accept the case on short notice.
Besides the statute of limitations, there are a number of reasons to bring your case to an attorney as soon as possible. For example, if you are relying on testimony from a valuable witness, you could lose track of the witness if you wait too long to pursue your case. Our firm is here to ensure that your case is timely filed.
Contact Our Experienced Maryland Personal Injury Attorney to Discuss Your Insurance Settlement
If you or a family member were injured in a car crash or other type of accident, you should contact an experienced personal injury attorney today. Baltimore personal injury lawyer Randolph Rice possesses extensive experience with a variety of injury cases, and he would be honored to work with you. To schedule a free legal consultation to discuss your potential case, contact the Law Offices of Randolph Rice at (410) 694-7291. You can also contact the firm by using our online submission form.