A serious injury changes every aspect of your daily life. You may need physical therapy, multiple surgeries, or costly medications. You may need to quit your job, take a leave of absence, or exit the workforce permanently. You may lose hobbies you once enjoyed or be forced to give up certain plans. You should not have to cope with these devastating outcomes on your own.
If the negligence of another person caused your injuries, you have the right to get answers for what happened. The person who injured you may be liable for your medical bills, pain and suffering, lost earnings, and other damages. An attorney should help you gather evidence to prove how the defendant’s negligence actions are directly responsible for your injuries.
Call our personal injury attorneys at Rice Law at (410) 694-7291 for a free, confidential legal evaluation to begin your case.
When Can You File a Personal Injury Lawsuit in Gaithersburg, MD?
You may have a personal injury claim if your injuries resulted from the negligence of an individual, a business, or even a government entity.
Establishing Negligence
What is negligence? Though the concept is complex, the short answer is that negligence is carelessness resulting in preventable injury. If a person or business fails to meet reasonable standards and causes an avoidable accident, the victim may have a claim.
Common Personal Injury Examples
There are many ways that this can occur, depending on the situation. For example, preventable slip and fall accidents are frequently caused by negligent, inadequate cleaning and maintenance (such as a restaurant’s failure to clean spills or leaks within a reasonable amount of time).
In a medical malpractice lawsuit, negligence might involve a surgical error, the failure to order lab tests, or the misdiagnosis of a patient’s condition.
In a car accident case, negligence usually involves some form of driver error (such as distracted driving) or, less commonly, a defect in the vehicle itself.
Statute of Limitations for Personal Injuries
It is also vital to follow certain deadlines. For example, the statute of limitations generally allows up to three years to file a lawsuit following an accident in Maryland. It is in your best interests to file sooner, since it will be easier to preserve and locate evidence supporting your claim. Filing sooner also gives you the chance to be compensated sooner.
How Much is Your Injury Claim Worth?
The answer to this question varies for each accident survivor, making it crucial to consult a skilled, knowledgeable personal injury lawyer in Gaithersburg.
Compensation depends on factors such as the severity of your injuries, the types of medical procedures you will need in the future, how much income you were previously earning, whether you can return to work, and many other variables.
Medical Costs
A common claim in personal injury cases is medical costs. The key characteristic of a personal injury case is bodily harm, which often requires medical care. Medical care is unfortunately very expensive, even for minor injuries, and your damages may be quite high.
If your injuries are severe, you may require long-term medical care that lasts beyond the end of your lawsuit. We can estimate the likely cost of your future medical needs and add it to your claims.
Property Damage
When accidents happen, the personal property you have with you may be damaged or destroyed. For example, in a car accident case, your vehicle and the personal items inside it may be damaged beyond repair.
The cost of repairing or replacing property should be factored into your claims for damages.
Lost Earnings or Wages
Sometimes, injuries are so serious that the victim cannot return to work. You might be unable to work for a few days, a few weeks, a few months, or indefinitely. The longer you cannot work, the more income you will lose. You can calculate the value of all the income you have lost and the income you will continue to lose and add it to your claim for damages.
Pain, Suffering, and Distress
Not all damages are measured in terms of financial cost, but they may still deserve fair financial compensation. Non-economic damages may include a variety of claims related to pain, distress, suffering, and other painful experiences.
The pain of your injuries may be overwhelming, and your body might be so injured that you will never recover fully. You may have to deal with physical pain and emotional distress over what the future holds for you, and you deserve compensation.
What Kind of Proof is Necessary in a Personal Injury Lawsuit?
As with any lawsuit, you must have evidence to prove your claims. More specifically, we must prove your claims by “a preponderance of the evidence.” In short, this means we must show that it is more likely than not that the defendant is liable for your accident and injuries.
Witness Testimony
Witnesses are often a major component of lawsuits, and strong cases have been built upon witness testimony. If other people saw the accident or have first-hand knowledge about it, they may testify in court.
Our team can identify witnesses and speak with them in advance to determine whether their testimony is useful and reliable. This includes interviews with witnesses that the other side plans to call in court.
Business Records
If you sue a business for injuries you sustained in an accident, we may need to see certain business records. If you were hit by a truck driver, we may review business documents from the trucking company about the truck driver, the truck, and safety or inspection records.
We may not have access to these records until the discovery phase of the case. During this time, we can request access to documents that we believe are relevant and should be reviewed.
Medical Records
Your medical records may be necessary to prove the extent of your injuries and the cost of treatment. Since these records are yours, you have a right to see them, and we should have no problem obtaining copies.
However, it can take time for hospitals to compile all the records we need, and it is best to request copies as soon as possible.
Security Camera Footage
Video footage from nearby security cameras may be among the strongest evidence available. Such videos may show exactly how the accident happened, how you were hurt, who was present, and the overall conditions of the area where the accident happened.
Photographs of the Accident
After an accident, you should do your best to photograph the scene. If you can, take photos while waiting for help to arrive, and photograph as much as possible. It is normal for defendants to clean up accident scenes, often before the police can investigate, and evidence may be lost. Your photos might be the best record we have of what the accident scene looked like after you were hurt.
FAQs About Personal Injury Cases in Gaithersburg, MD
What Constitutes a Personal Injury Claim?
A personal injury lawsuit requires that the plaintiff have a bodily injury. While various other claims may be filed, such as property damage claims, physical harm is required. Your injuries do not necessarily have to be severe, life-threatening, or disabling to be grounds for a lawsuit. Even relatively minor injuries may be grounds for a personal injury case.
Do You Have to Sue to Get Compensation for Personal Injuries?
Not necessarily. You may have other legal options worth exploring, such as insurance claims or settlement options. However, insurance claims and settlements often do not get injured victims the full extent of their damages. These options may be more limited than a lawsuit, and you should sue to get the full extent of the compensation you deserve.
When Should You Begin a Personal Injury Lawsuit in Gaithersburg, MD?
In Maryland, personal injury plaintiffs have 3 years from the date they are injured to file a lawsuit in court. It can take months to prepare a case to be filed, so it is best to call a lawyer for help as soon as possible. If you do not file your case on time, you may be barred from ever filing the case.
Are Personal Injury Claims Worth a Lot of Money?
Possibly. Personal injury claims may involve severe injuries, enormous medical costs, and various other damages. Not only that, but when injuries are severe, damages related to pain and suffering tend to be more significant.
Who Should You Sue for Personal Injuries?
You should sue the person or business directly responsible for the accident. This may be the person driving the car that hit you, or the business where you slipped and fell and became badly hurt. You may sue multiple parties in the same case. Your lawyer should help you determine who should be included in the lawsuit.
Our Gaithersburg Personal Injury Attorneys Can Help
Call our personal injury lawyers at Rice Law at (410) 694-7291 for a free, private legal assessment to start your case.
A serious injury changes every aspect of your daily life. You may need physical therapy, multiple surgeries, or costly medications. You may need to quit your job, take a leave of absence, or exit the workforce permanently. You may lose hobbies you once enjoyed or be forced to give up certain plans. You should not have to cope with these devastating outcomes on your own.
If the negligence of another person caused your injuries, you have the right to get answers for what happened. The person who injured you may be liable for your medical bills, pain and suffering, lost earnings, and other damages. An attorney should help you gather evidence to prove how the defendant’s negligence actions are directly responsible for your injuries.
Call our personal injury attorneys at Rice Law at (410) 694-7291 for a free, confidential legal evaluation to begin your case.
When Can You File a Personal Injury Lawsuit in Gaithersburg, MD?
You may have a personal injury claim if your injuries resulted from the negligence of an individual, a business, or even a government entity.
Establishing Negligence
What is negligence? Though the concept is complex, the short answer is that negligence is carelessness resulting in preventable injury. If a person or business fails to meet reasonable standards and causes an avoidable accident, the victim may have a claim.
Common Personal Injury Examples
There are many ways that this can occur, depending on the situation. For example, preventable slip and fall accidents are frequently caused by negligent, inadequate cleaning and maintenance (such as a restaurant’s failure to clean spills or leaks within a reasonable amount of time).
In a medical malpractice lawsuit, negligence might involve a surgical error, the failure to order lab tests, or the misdiagnosis of a patient’s condition.
In a car accident case, negligence usually involves some form of driver error (such as distracted driving) or, less commonly, a defect in the vehicle itself.
Statute of Limitations for Personal Injuries
It is also vital to follow certain deadlines. For example, the statute of limitations generally allows up to three years to file a lawsuit following an accident in Maryland. It is in your best interests to file sooner, since it will be easier to preserve and locate evidence supporting your claim. Filing sooner also gives you the chance to be compensated sooner.
How Much is Your Injury Claim Worth?
The answer to this question varies for each accident survivor, making it crucial to consult a skilled, knowledgeable personal injury lawyer in Gaithersburg.
Compensation depends on factors such as the severity of your injuries, the types of medical procedures you will need in the future, how much income you were previously earning, whether you can return to work, and many other variables.
Medical Costs
A common claim in personal injury cases is medical costs. The key characteristic of a personal injury case is bodily harm, which often requires medical care. Medical care is unfortunately very expensive, even for minor injuries, and your damages may be quite high.
If your injuries are severe, you may require long-term medical care that lasts beyond the end of your lawsuit. We can estimate the likely cost of your future medical needs and add it to your claims.
Property Damage
When accidents happen, the personal property you have with you may be damaged or destroyed. For example, in a car accident case, your vehicle and the personal items inside it may be damaged beyond repair.
The cost of repairing or replacing property should be factored into your claims for damages.
Lost Earnings or Wages
Sometimes, injuries are so serious that the victim cannot return to work. You might be unable to work for a few days, a few weeks, a few months, or indefinitely. The longer you cannot work, the more income you will lose. You can calculate the value of all the income you have lost and the income you will continue to lose and add it to your claim for damages.
Pain, Suffering, and Distress
Not all damages are measured in terms of financial cost, but they may still deserve fair financial compensation. Non-economic damages may include a variety of claims related to pain, distress, suffering, and other painful experiences.
The pain of your injuries may be overwhelming, and your body might be so injured that you will never recover fully. You may have to deal with physical pain and emotional distress over what the future holds for you, and you deserve compensation.
What Kind of Proof is Necessary in a Personal Injury Lawsuit?
As with any lawsuit, you must have evidence to prove your claims. More specifically, we must prove your claims by “a preponderance of the evidence.” In short, this means we must show that it is more likely than not that the defendant is liable for your accident and injuries.
Witness Testimony
Witnesses are often a major component of lawsuits, and strong cases have been built upon witness testimony. If other people saw the accident or have first-hand knowledge about it, they may testify in court.
Our team can identify witnesses and speak with them in advance to determine whether their testimony is useful and reliable. This includes interviews with witnesses that the other side plans to call in court.
Business Records
If you sue a business for injuries you sustained in an accident, we may need to see certain business records. If you were hit by a truck driver, we may review business documents from the trucking company about the truck driver, the truck, and safety or inspection records.
We may not have access to these records until the discovery phase of the case. During this time, we can request access to documents that we believe are relevant and should be reviewed.
Medical Records
Your medical records may be necessary to prove the extent of your injuries and the cost of treatment. Since these records are yours, you have a right to see them, and we should have no problem obtaining copies.
However, it can take time for hospitals to compile all the records we need, and it is best to request copies as soon as possible.
Security Camera Footage
Video footage from nearby security cameras may be among the strongest evidence available. Such videos may show exactly how the accident happened, how you were hurt, who was present, and the overall conditions of the area where the accident happened.
Photographs of the Accident
After an accident, you should do your best to photograph the scene. If you can, take photos while waiting for help to arrive, and photograph as much as possible. It is normal for defendants to clean up accident scenes, often before the police can investigate, and evidence may be lost. Your photos might be the best record we have of what the accident scene looked like after you were hurt.
FAQs About Personal Injury Cases in Gaithersburg, MD
What Constitutes a Personal Injury Claim?
A personal injury lawsuit requires that the plaintiff have a bodily injury. While various other claims may be filed, such as property damage claims, physical harm is required. Your injuries do not necessarily have to be severe, life-threatening, or disabling to be grounds for a lawsuit. Even relatively minor injuries may be grounds for a personal injury case.
Do You Have to Sue to Get Compensation for Personal Injuries?
Not necessarily. You may have other legal options worth exploring, such as insurance claims or settlement options. However, insurance claims and settlements often do not get injured victims the full extent of their damages. These options may be more limited than a lawsuit, and you should sue to get the full extent of the compensation you deserve.
When Should You Begin a Personal Injury Lawsuit in Gaithersburg, MD?
In Maryland, personal injury plaintiffs have 3 years from the date they are injured to file a lawsuit in court. It can take months to prepare a case to be filed, so it is best to call a lawyer for help as soon as possible. If you do not file your case on time, you may be barred from ever filing the case.
Are Personal Injury Claims Worth a Lot of Money?
Possibly. Personal injury claims may involve severe injuries, enormous medical costs, and various other damages. Not only that, but when injuries are severe, damages related to pain and suffering tend to be more significant.
Who Should You Sue for Personal Injuries?
You should sue the person or business directly responsible for the accident. This may be the person driving the car that hit you, or the business where you slipped and fell and became badly hurt. You may sue multiple parties in the same case. Your lawyer should help you determine who should be included in the lawsuit.
Our Gaithersburg Personal Injury Attorneys Can Help
Call our personal injury lawyers at Rice Law at (410) 694-7291 for a free, private legal assessment to start your case.