Being involved in a car accident can be one of the scariest experiences you can ever go through. Your situation can worsen if you are the only provider in your household and have to nurse an injury for months or even years. This situation can put you under a lot of stress. For this and other reasons, car accident victims often decide to file a claim against the liable parties. A personal injury lawsuit can allow you to fight for compensation to cover your expenses. Should you sue the liable parties immediately after your crash? Can you wait a year and then sue the responsible parties? The Baltimore car accident lawyers at The Law Offices of Randolph Rice discuss these critical matters below.
Can I Sue the Responsible Driver a Year After My Crash in Maryland?
In Maryland, you have a limited time in which to file your claim against the liable parties after your car accident. The time you have to hold the responsible parties accountable through a lawsuit is known as the statute of limitations. The statute of limitations sets the time a plaintiff has to exercise their right to file a claim. This timeline was incorporated into our legal system to prevent the endless perpetuation of a claim. By implementing this statute, the courts make sure plaintiffs file their claim on time while avoiding holding the liable parties accountable indefinitely.
Under Maryland law, injured victims in a car accident have up to three years to file their claim with the court. This means you can sue the other driver even if one year has already passed. However, it is highly recommended that you pay careful attention to the time you have to file your claim under the statute of limitations.
You may wonder why you should act immediately after your crash and file your claim. It is essential to understand that investigating a car crash can be complicated. This is especially true in a crash involving multiple cars. Your attorney will likely spend a lot of time collecting and compiling all of the relevant data and building your case. Your lawyer may need the time granted by the statute of limitations to make sure they can build a robust case.
It would be best to consider the consequences of not meeting the requirements set forth by the statute of limitations. If you don’t file your claim within the established time limit, you may lose your chance of obtaining compensation.
Can I Sue the Other Driver After the Statute of Limitations in Maryland?
In general terms, all citizens must abide by the rules set forth by the statute of limitations. However, the courts might consider exceptional circumstances in which an extension to the statute of limitations is allowed. Under Maryland law, there are different instances where courts, via an exception, can grant an extension to file a claim outside the statute of limitations.
There is a legal rule that allows plaintiffs to avoid the stringent rules of the statute of limitations known as the discovery of harm rule. This rule describes a situation where the plaintiff doesn’t become aware of their harm until significant time has passed. For example, this may be the case for people suffering from spinal cord injuries or a whiplash injury after a car accident. Under these circumstances, the court may be inclined to extend your statute of limitations.
Another reason why the court may grant an extension to the statute of limitations is fraud. There are instances where a defendant may try to avoid facing justice for his wrongdoing. Under such circumstances, he or she may provide false information to the authorities. This can make it difficult to continue with your claim. In this situation, your statute of limitations begins the moment you discover or should have discovered the fraudulent act.
As you can see, there are exceptions to the general rule set forth by the statute of limitations. However, it is in your best interest to meet your filing deadline. You should always consult your Baltimore personal injury attorney to take the best course of action.
How Much Compensation Can I Get After a Car Accident in Maryland?
One of the most common questions car accident victims have is how much compensation they can get from their accident. Unfortunately, there is not a straight answer to this question. The amount of compensation a court can grant will depend heavily on the circumstances of your case. For example, the court may look at the extent of your injuries, the expenses related to your accident, and your mental and physical harm.
However, before you can get compensation, it is essential to show the defendant’s negligence. Negligence is the basis of every personal injury claim. Without negligence, you wouldn’t have a cause of action to get compensation. In personal injury cases, you – the plaintiff – will need to show the defendant owed you a legal duty that was breached and caused you harm. You should also be able to provide evidence of the losses you experienced due to the defendant’s negligence.
The compensation granted by the court should cover expenses, such as your medical bills, lost wages, and pain and suffering. If the defendant’s actions were found to be egregious and malicious, the court may also grant what is known as punitive damages. It is always in your best interest to retain the services of a skilled Maryland car accident attorney who can guide you through your claim.
Experienced Maryland Car Accident Attorney Offering Free Consultations
If you or a loved one was injured in a car accident caused by another person, we may be able to help. Backed by many years of experience with personal injury law, the Maryland car accident lawyers at the Law Offices of Randolph Rice are prepared to hold the liable parties accountable for your losses. We dedicate our efforts to representing injured victims in car accidents. Call our offices today to schedule a free, confidential consultation. Our phone number is (410) 694-7291.