A bad accident may cause serious injuries, result in high medical bills, and impose a massive inconvenience on almost all areas of your life. These injuries and losses, financial and otherwise, should not come out of your pocket. A personal injury lawyer can help you get compensation.
We must have evidence of the defendant’s negligence to prove your claims. On top of that, we must have evidence that the defendant’s negligence directly caused your accident. We must also have proof of your damages so that the court can award accurate compensation. You might have several options for obtaining compensation, but a lawsuit may help you recover the full extent of your damages without compromise.
Call Rice Law at (410) 694-7291 and ask our personal injury attorneys for a free, confidential legal assessment to start your case.
What Do You Need to Prove in a Personal Injury Lawsuit in Lexington Park, MD?
No lawsuit will succeed without evidence. There is a lot more to prove than just how the accident happened, and your attorney should help you find the evidence you need.
Negligence
When personal injury lawsuits involve accidents, which they often do, plaintiffs must prove how the defendant acted negligently. While most people think of negligence as some form of carelessness, it is actually a legal concept.
To prove that a defendant acted negligently, our personal injury lawyers must present evidence that the defendant owed you a legal duty of care and that they violated that duty. The duty and violation will vary from case to case.
Fault
After proving that a defendant has acted negligently, we must next prove their fault for the accident. It is not enough to establish that the defendant was negligent if we cannot also prove that their negligence is the direct and proximate cause of your injuries.
The defense may argue that another force caused the accident rather than their negligence, and we must be prepared to prove otherwise.
Damages
You will not be awarded damages if you do not have evidence of those damages. The jury will not simply accept your word that you were injured, you must prove it. Medical records, testimony, and photos of your injuries can help us prove your damages and how much they are worth.
What is the Best Way to Get Financial Compensation for Personal Injuries?
Often, injured victims have a few legal options when pursuing financial compensation, and a lawyer should advise you on your options so that you can make the most informed decision possible.
Lawsuits
Perhaps the most widely known method of getting financial compensation is by filing a lawsuit. Unlike other methods, your claims for damages are not limited in a lawsuit. You may claim any damages that you can prove, as long as they are directly related to the accident. In especially severe cases, damages may be worth hundreds of thousands of dollars, or even more.
Insurance Claims
If a lawsuit is not your preference, you may explore your insurance options. Depending on how your accident occurred, it might be covered by insurance.
In some cases, you may file a claim against the defendant’s insurance. In others, you may file claims with your own insurance coverage.
If you choose the insurance route, it is a good idea to get a lawyer. Our personal injury attorneys can help you navigate multiple insurance claims and coordinate benefits to maximize coverage and compensation.
Settlements
Settlements are very common in the world of personal injury cases, and most cases end this way. The defendant may offer a settlement to avoid a trial because they know they are likely to lose, or because they do not want the accident and their negligence to become public.
Some defendants might want to pay you off to make the case go away without involving insurance or the authorities. Do not be tempted by a fast buck. You probably deserve more than what the defendant is offering, and a lawyer can help you get what you truly deserve.
Where Do You Obtain Evidence for a Personal Injury Lawsuit?
Evidence may come from all sorts of places, and it can be hard to know where to look without a lawyer.
Evidence from the Accident Scene
Much evidence may be found at the scene of the accident, but we must act quickly to collect it. Property owners or the authorities often clean up accident scenes, and important evidence could be lost.
Discovery Phase
We may obtain a lot of additional evidence during the discovery phase of the trial. During this time, both sides of the case may exchange evidence with the other. This way, each side knows what they are up against and can build the strongest case possible.
If the defense has evidence we believe is necessary and relevant but refuses to hand it over, we may ask the court to order them to produce it.
Stipulations
Not everything may require evidence. Certain details are sometimes so obvious that we do not need to prove them, and defendants will likely agree to admit them.
For example, after a car accident, we probably do not need hard evidence proving that the defendant was driving the other car. Based on witnesses, police reports, and insurance claim records, it may be impossible for the defendant to claim they were not the one behind the wheel.
In such cases, we may stipulate certain facts. This means that both sides of the case agree to admit that certain facts are true, and the court will not require evidence. Stipulations tend to streamline the judicial process and make lawsuits a bit more efficient.
FAQs About Personal Injury Lawsuits in Lexington Park, MD
When is the Right Time to File a Personal Injury Lawsuit After an Accident?
You may need some time after an accident to consider your options, but you have only 3 years from the day of the accident to file a lawsuit in court. If you miss this deadline, you might never be able to file your claims.
Can You Sue for Injuries Caused by Intentional Acts of Harm?
Yes, but your lawsuit may work a bit differently. Instead of proving negligence like you would in most personal injury cases, you would have to prove elements of an intentional tort.
How Long Do Personal Injury Cases Take to Complete?
The time it takes to finish a lawsuit varies, but it is not unusual for cases to last a year or longer. It may take several months to prepare your case for filing. Once filed, we may spend several more months in the pretrial phase navigating discovery. Although lawsuits can be time-consuming, the result is often worth the effort.
Do Your Injuries Need to Be Severe to Sue for Personal Injuries?
No. The fact that your injuries are not especially severe or life-threatening does not mean you cannot sue. Plaintiffs often sue for injuries that fully recover. The key is proving your damages.
Contact Our Personal Injury Lawyers in Lexington Park, MD About Your Claims
Call Rice Law at (410) 694-7291 and ask our personal injury attorneys for a free, confidential legal assessment to start your case.