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Kemp Mill Car Accident Lawyers

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    Getting the damages you need after a car accident can be difficult.  To start with, many drivers and victims might not even know what damages they can be entitled to, let alone which insurance company pays for them or what they need to prove to get those damages.

    Our lawyers can support you from the beginning of your case to the end, interfacing with insurance companies, negotiating settlements, collecting evidence, and making arguments in court to get you the damages you deserve.  Never accept compensation or speak with the insurance company until you have had our lawyers review your case.

    For your free case analysis, call our Bethesda, MD car accident lawyers at Rice, Murtha & Psoras at (410) 694-7291 today.

    Damages Available in a Car Accident Claim in Kemp Mill

    When you are hurt in a car crash, you have the right to claim any and all expenses that occur because of the crash as damages.  This includes things like property damage, medical expenses, therapy bills, medication, crutches, and any other expenses down the line.  Even if you need something like additional help with household services or a babysitter while you are in the hospital, these are all expenses that only occurred because of the crash and can be claimed in your case.  Additionally, you can also claim compensation for any money you lost because of the accident, such as lost wages and ongoing/future lost wages from a newfound disability.

    On top of this, you can also be compensated for the intangible harms you face, all grouped under the heading of “pain and suffering,” “non-economic damages,” or “emotional distress.”  These names are somewhat interchangeable and ultimately refer to compensation that you get for the mental, emotional, and physical experiences the accident causes you, such as the fear of the crash, the pain you felt, the grieving at a new disability, and the interference the injuries caused in your day-to-day life.

    Which Insurance Pays for Damages in a Kemp Mill Car Accident?

    Maryland is considered an “at-fault” state – also known as a “fault” or “tort” state – for car insurance laws.  This means that the person who caused the crash – the at-fault driver – is responsible for paying damages.  Even so, that still might not tell you whose insurance covers the crash.

    Because the at-fault driver is responsible for paying damages, you can often file an insurance claim with their policy to get your damages covered.  Drivers are required to carry liability insurance that covers the injuries and property damage they cause in an accident, and you can file an insurance claim or a lawsuit to tap into that available money.

    Even so, your own insurance policy might supply some damages as well.  Most drivers in Maryland have a PIP (personal injury protection) policy attached to their insurance, which pays up to $2,500 for any injuries and lost earnings you or someone else in your car suffers during a crash.  This might be a drop in the bucket compared to the rest of the damages in your case, but tapping into this coverage can get you some necessary payments while you await a decision on the rest of your case.  You might have a higher PIP coverage or other first-party benefits like “medpay” as well, potentially resulting in more payments from your own insurance.

    In any case, you can usually get compensation from your own insurance without “settling” your case, but any money you accept from the at-fault driver or their insurance could be considered a settlement that ends your case then and there.  Do not sign anything or accept money from any insurance company before discussing it with our car accident lawyers and understanding how it might affect the rest of your case.

    What You Need to Prove Your Car Accident Case in Kemp Mill

    To win a car accident case – whether you are handling it through an insurance claim or a lawsuit – you need to prove that the other driver was at fault, and you need to prove your damages.

    Proof of Fault

    For a driver to be considered at fault for a car crash, there must be proof “by a preponderance of the evidence” that they violated a legal duty and that that violation caused the crash.  Violations can involve an explicit traffic violation such as speeding or drunk driving, or it can be a breach of the duty to drive as a “reasonable driver of ordinary prudence” would drive.  This means, essentially, that drivers must follow general safety laws and act reasonably.

    If the other driver hit you because they were speeding, because they ran a red light, because they were driving drunk, or because they were driving unreasonably, you need to supply evidence of that to prove your case.  This evidence can include your own testimony and testimony from any witnesses, plus photos of the crash scene, video of the accident (e.g., dash cam or security camera footage), and even expert analysis from crash reconstruction experts.

    The “preponderance of the evidence” requirement discussed above means that you must show it is more likely than not that your claim is correct.  This is much friendlier to plaintiffs than the “beyond a reasonable doubt” standard used in criminal cases.

    Proof of Damages

    You need to have damages from the crash to sue for it.  Most cases involve property damage, but our attorneys focus more on the injuries and the damages related to those injuries.  As discussed above, this can include a broad variety of expenses, lost income, and non-economic damages.  Most damages are proved through bills and financial statements, but non-economic damages are usually proved through your testimony and testimony from those around you as to how the injuries affected your life.  You can also claim compensation for future damages, such as ongoing lost wages, which might involve testimony from financial experts and doctors about your ongoing wage reductions and the prognosis of your injuries and healing process.

    Call Rice, Murtha & Psoras’ Kemp Mill Car Accident Attorneys Today

    Dial (410) 694-7291 for a free case review with the car accident lawyers at Rice, Murtha & Psoras.