When injured by negligence in Mays Chapel, victims can seek compensatory damages via personal injury claims with help from our attorneys.
One of the first hurdles victims face with personal injury claims is preserving evidence, so try to take pictures at the scene. After the accident, we can look for potential surveillance footage and source eyewitness statements. We can also evaluate how contributory fault might affect your case and make sure you file by the appropriate deadline in Mays Chapel. After filing your lawsuit, our lawyers can start negotiating a settlement with the defense, helping you tell good offers apart from bad ones so that you only agree to settle for the amount you deserve.
Call Rice Law today at (410) 694-7291 for a free case assessment from our personal injury lawyers.
Overcoming Common Issues with Personal Injury Claims in Mays Chapel, MD
Personal injury claims are complex, and our attorneys can help victims overcome some common issues with negligence lawsuits, including difficulties preserving evidence, dealing with contributory fault, filing on time, and negotiating fair settlements with negligent parties in Mays Chapel.
Difficulties Preserving Evidence
Victims might be unable to return to accident scenes to collect evidence, so it is crucial to preserve it to the best of their ability immediately afterward. This is true for all sorts of incidents, especially those that leave considerable damage in their wake, like motor vehicle accidents.
Victims can intentionally preserve evidence by taking pictures. Photograph the entire scene so that our personal injury lawyers can get a clear idea of the fallout. If you were hurt in a car crash, take photos of any glass or debris on the road. If you were hurt in a slip and fall, take a picture of the hazard that made you trip.
To help preserve photographic evidence, our attorneys can survey the accident site to locate possible video surveillance footage. Doing this immediately is necessary, especially if the negligent party owns the footage. This is common in premises liability lawsuits for slip and falls, and our attorneys can take the necessary steps to safeguard and obtain surveillance footage that is relevant to your claim.
We will approach eyewitnesses similarly, contacting them as soon as possible to collect their statements. Preserving eyewitnesses’ statements is essential, as their firsthand accounts can help victims meet the standard of proof for personal injury claims in Mays Chapel.
On top of helping you preserve evidence, we can collect evidence as it is generated. For example, we can compile victims’ medical records from hospitals and providers. We can also keep track of your medical damages and lost wages during this time to accurately calculate your economic damages from the accident.
Contributory Fault Rules
Maryland’s strict approach to contributory fault could threaten some victims’ recoveries in Mays Chapel. Since Maryland is a pure contributory fault state, victims are entirely barred from recovery if they share any percent of the fault for an accident. This is most often an issue in motor vehicle accident claims but could come into play in almost any personal injury lawsuit.
Our lawyers can employ several tactics to help victims overcome the hurdle of contributory fault. For example, eyewitness testimony can undermine the defendant’s assertion that you acted negligently, as an accident reconstruction and video footage of the incident.
Being partially at fault might not bar you from compensation if the defendant had the last clear chance to avoid the accident but failed to. The defendant’s failure to act with reasonable care despite having a chance to could negate any negligence on your part.
Filing Cases on Time
There is a set period during which victims can file personal injury cases in Mays Chapel. According to Md. Code, Cts. & Jud. Proc. Art., § 5-101, that is three years. This deadline applies to most injury claims brought for negligence, including car accident and slip and fall cases.
The statute of limitations for medical malpractice claims is five years from the date of injury or three years from the date of discovery under § 5-109(a), whichever comes sooner.
While victims can get tolling for delayed discovery or other specific circumstances in Maryland, they should proceed as though they have just three years from the accident to initiate their claims. Based on the facts of your case and when it happened, our lawyers can calculate how much time is left within the statute of limitations for you to file your lawsuit.
Negotiating Fair Settlements
Knowing the full scope of your damages is crucial during settlement negotiations so that you do not accept a low offer. Settlement agreements are binding after both parties sign them. Once you agree to a settlement in writing, you might not be able to pursue additional damages against a negligent party if you realize your damages are far greater.
We can help victims anticipate initial settlement offers and respond to them with our calculation of their damages and evidence to support the request. We can continue negotiating with the opposing side for as long as necessary to reach a favorable settlement, leveraging evidence, like your medical records and witness statements, in the process.
In addition to negotiating fair settlements on victims’ behalves, we can also help victims identify when negotiations are stalling. When this happens, victims might benefit from proceeding with a trial. Indicating that you are ready to go to court might convince the defendant to increase their offer, especially if the jury would likely find them liable for the full amount of your damages. Settlements should include compensation for victims’ economic and non-economic damages, and our lawyers can represent your interests during negotiations, distinguishing bad offers from good ones.
Call Our Mays Chapel, MD Injury Lawyers Now
Call Rice Law’ personal injury lawyers at (410) 694-7291 for a free case evaluation.