Car accidents may range from minor incidents to major collisions, and you may encounter painful injuries and enormous financial costs. While insurance can help, it might not cover all your damages. You may claim the full extent of your damages in a lawsuit, with help from an experienced lawyer.
After a collision, we must collect evidence quickly before it becomes lost. Video footage, witness names and contact information, and photos from the accident scene should be gathered as soon as possible. Many drivers begin by filing an insurance claim with the at-fault driver’s insurer, but this might not provide a satisfactory settlement, and your lawyer can help you sue for damages instead. Such damages may include medical costs, property damage, pain, suffering, and more.
Call (410) 694-7291 and ask our car accident lawyers at Rice Law for a free, confidential case review to get started.
How Do You Prove Fault for a Car Accident?
Car crashes are rarely accidents, and someone is often at fault. Proving fault can be tricky, and the evidence we need will depend on the circumstances of your specific case.
Video Footage
Video cameras are practically everywhere today, and there is a chance that a video of your car accident is out there. Nearby homes or businesses might have private security cameras aimed at the accident scene. You or other drivers might have had dashcams in the car. Traffic cameras might have been in the area.
Anything is possible, and we should obtain footage as quickly as possible before it is accidentally erased or deleted.
Witnesses Testimony
If other people witnessed the accident or have other firsthand knowledge of it, we need to talk to them right away. Witnesses may shed light on the accident that you alone cannot. They might have seen the accident from various vantage points, allowing us to create a much clearer picture of the crash.
Accident Reconstruction
Some accidents may be complicated enough that we cannot accurately piece together how they happened on our own. In such cases, our car accident attorneys can call upon accident reconstruction experts who can analyze the evidence and scientifically recreate how the accident occurred. These kinds of expert witnesses are often necessary in complicated multi-vehicle accidents.
Should You File an Insurance Claim or a Lawsuit for a Car Accident in Montgomery Village?
While insurance is a common legal option after a car accident, it is not your only option, and you may consider suing the at-fault driver instead.
Insurance Claims
Perhaps the greatest advantage of insurance claims is that they may allow injured drivers to recover compensation faster than if they filed a lawsuit. There is no formal trial, jury selection, or drawn-out legal procedures.
However, the downside is that insurance companies are free to deny claims if they do not believe your evidence, and insurance companies are often more concerned with their bottom line than your well-being.
Lawsuits
A lawsuit may be a time-consuming and challenging legal process, but it may yield much greater compensation. Plaintiffs may claim the full range of their damages, including damages insurance may be reluctant to pay.
Additionally, judges and juries decide cases solely on the evidence, and they have no financial interest in the outcome, unlike biased insurance companies.
How to Decide
Generally, we will try to negotiate a fair claim through insurance. If once cannot be reached, then we recommend turning to trial.
Injuries and Damages You May Claim in a Car Accident Case
After a car accident, we must carefully identify and evaluate your damages to make sure you get all the compensation you rightfully deserve.
Medical Care
Even minor injuries require medical care, and such care can be expensive. Whether you required only one trip to the emergency room or you are receiving long-term treatment for your injuries, you should claim all your medical costs in your lawsuit.
Lost Income
Your injuries may interfere with your ability to work, costing you valuable income. Your lawyer can help you calculate how much income you have lost from being unable to work and claim it in your lawsuit. You may also claim future lost earnings if you do not expect to return to work for a long time.
Property Damage
Many car accidents involve extensive property damage. Your vehicle and personal belongings may be destroyed, and the cost of repairs or replacements may be staggering.
Pain and Suffering
Some injuries are difficult to measure in dollars and cents. Your physical pain and emotional or mental distress may be significant and last for years to come. The more of an impact these painful experiences have on your daily life, the greater your damages should be.
Can You Sue for a Car Accident in Montgomery Village if You Are Uninsured?
Yes. Even if you are uninsured, you are not barred from suing an at-fault driver after a car accident. However, you may face consequences for driving without insurance.
Can You Sue for a Car Accident if You Are Partly At-Fault?
No. Maryland is one of the few states that follows a very strict pure contributory negligence law. This law, based on Maryland common law, holds that a plaintiff who is even 1% responsible for an accident may be barred from recovery.
Our goal is often to find exceptions, such as proving that the defendant had the last clear chance to avoid the crash, or to argue that you did not factually contribute to the crash.
Can You File a Car Accident Lawsuit if Your Insurance Claim is Denied?
Yes. Just because an insurance company denies your claim does not mean your legal options have been exhausted. You may sue the at-fault driver regardless of what their insurance or yours says.
Should You Sue an At-Fault Driver if They Are Uninsured?
Getting compensation from an uninsured driver can be difficult, especially if the driver is insolvent. While you may sue them, they might be unable to pay on their own.
Turning to your insurance, especially uninsured motorist coverage, may be the only way to get paid.
Ask Our Car Accident Attorneys in Montgomery Village to Review Your Case Today
Call (410) 694-7291 and ask our car accident lawyers at Rice Law for a free, confidential case review to get started.