Clarksburg, MD Car Accident Lawyer
Crashes and collisions on the road are some of the most frequently cited reasons for injury claims and lawsuits. The other driver who caused your accident should be held accountable, and an experienced lawyer can help.
After being hurt in a roadside collision, you might need legal assistance to get fair compensation. While drivers are required to carry insurance for situations like this, insurance is not always enough. A lawsuit might help you recover the full range of your extensive damages. Proving your claims in a car accident case requires evidence. Evidence from the crash site, witnesses, and even security cameras may help us convince a jury of the defendant’s negligence. It is best to contact a lawyer and begin working on your case soon, as there is a strict deadline to file injury claims in Maryland. Damages in your case might be substantial, including hospital bills, vehicle damage, lost earnings, and much more.
If you or someone you know was hurt in an auto collision, call our car accident attorneys of Rice, Murtha & Psoras at (410) 694-7291 for a free case review.
How You Can Get Monetary Compensation After a Car Accident in Clarksburg, MD
After a bad car accident, you might be badly hurt with high medical bills and no way to pay for them. You might have various other expenses as well. You deserve to be compensated by the person who caused your injuries, but getting compensation is rarely simple. While drivers often file insurance claims hoping to get the money they need as quickly as possible, many are denied.
Typically, the first course of action after a crash is to assess the damage and file an insurance claim. Since Maryland is a fault-based auto insurance state, you will need to file a third-party claim with the other driver’s insurance. When you do, you need evidence of the accident and the other driver’s fault. If the insurance company is unconvinced that their customer caused your accident, they may deny your claim and refuse to pay.
Even if your claim is approved, the insurance company will only pay you up to the policy limit. When injuries are severe and medical costs are very high, the policy limit might be insufficient.
Many drivers opt for a lawsuit against the other driver. In a lawsuit, your potential compensation is not limited by a policy. You may be awarded the full spectrum of your damages. You may even be awarded damages for things not normally covered by insurance, like pain or psychological distress. Our car accident lawyers can help you evaluate your damages, collect evidence, and build a case against the negligent driver who hurt you.
How to Prove Your Claims in a Clarksburg, MD Car Accident Case
In a civil injury case, the plaintiff has the burden of proof. In other words, the person bringing the lawsuit is responsible for proving the defendant’s negligence. If you fail to meet the burden of proof, the defendant should be held liable. In civil lawsuits, the burden of proof is a preponderance of the evidence, which means you must show it is more likely than not that the defendant was negligent and caused the accident.
To prove your case successfully, we must prove how the defendant was negligent. Legally, negligence is made up of four elements: duty, breach, causation, and damages. Duty is the legal obligation the defendant owes you. In car accidents, the defendant must obey the traffic code and drive with reasonable safety under the circumstances.
The breach is whatever the defendant did to violate their duty of care. Evidence of the breach might include traffic tickets showing how the defendant ran a red light or drove recklessly. Alternatively, it might be a blood alcohol concentration measurement taken by the police to show how the defendant was intoxicated.
To prove causation, we need to show how the defendant’s breach directly caused the accident. If the defendant’s connection to the accident is tenuous, this might not be easy to prove. Things like security camera footage or eyewitness testimony that can directly tie the defendant to the accident may be necessary.
Finally, your damages must be real. You cannot sue over hypothetical damages. We need evidence of your injuries and various expenses. Records about your medical care and vehicle damage can be used as evidence.
When You Should Begin Your Case for a Car Crash in Clarksburg, MD
Talk to an attorney about your case as soon as you can. You have a limited period of time to file your case. Otherwise, you might lose your right to bring a cause of action. In Maryland, the statute of limitation or personal injuries, including injuries from car accidents, is found under Md. Code Cts. and Jud. Proc. Art. § 5-101. Under this law, you have a mere 3 years to file your case in court.
Although it might seem like you have plenty of time to get your case ready, the 3-year deadline is surprisingly short. You may need to spend a few weeks or even months recovering from your injuries before you take legal action. After speaking with an attorney, they might need even more time to prepare the case. It is not unusual for an attorney to spend months or even over a year talking to witnesses, finding evidence, and building a strong case before they file your claims with the court.
Considering everything, it is best to talk to a lawyer as soon as possible. The sooner you do, the earlier your attorney can get to work preparing your case. You might have additional time if you were a minor when the accident happened. Typically, the statute of limitations does not begin to run until the minor plaintiff turns 18, which might be a number of years. If the deadline is drawing close, talk to a lawyer about how much time you have.
Contact Our Clarksburg, MD Car Accident Lawyers for Legal Support
If you or someone you know was hurt in an auto collision, call our car accident attorneys of Rice, Murtha & Psoras at (410) 694-7291 for a free case review.