Car accidents are one of the most common causes of action for personal injury claims. Victims can file lawsuits when other parties act negligently by breaching their duty of care and injuring them, and our attorneys can prepare compensation claims on their behalves.
Collisions also result in some of the most consequential injuries for victims, such as traumatic brain injuries and spinal cord damage. After you suffer an injury from someone else’s negligent conduct, our attorneys will confirm your case and its statute of limitations. We can then organize proof of your injuries and damages in preparation for your case, planning to address contributory fault arguments from the defense if necessary.
For a confidential and free case review from our personal injury and car accident lawyers, call Rice Law today at (410) 694-7291.
Causes of Action for Personal Injury Lawsuits in Oakland, MD
Confirming whether or not you have a cause of action is the first step in the path to recovery following an injury in Oakland. While one of the most common causes of action for lawsuits is car accidents, victims may sue for other acts of negligence that injure them.
You may have a cause of action if someone who owes you a duty of care breaches it, causing your injuries and damages. A duty of care is a responsibility to act in a certain manner. For example, drivers owe one another a duty of care. The duty is to observe traffic laws and drive responsibly. Anything done in contradiction of that would be a breach of duty, like speeding or driving under the influence. If the driver’s negligent conduct directly caused the accident that harmed you, you could sue them for compensation.
Many other parties owe you a duty of care as well. For example, the doctor who treats you when you go to the hospital, whether for a routine appointment or in an emergency situation, owes you a duty to follow the standard of care for physicians. The owner of the restaurant you are eating at owes you a duty to ensure their kitchen staff follows food safety protocols and their maintenance staff cleans up spills that could be hazardous to patrons and cause slip and falls.
Failing to act or acting in violation of one’s duty of care and injuring a victim would make that person liable for compensating the victim for their damages and making them whole again. Because you will not have indefinite time to file your case after being injured, do not wait to contact our attorneys about your case to confirm if you have a cause of action.
Common Injuries from Car Accidents in Oakland, MD
Car accident injuries range from traumatic and permanent, to mild but still costly. Some of the most common and consequential injuries victims endure include traumatic brain injuries, back and spinal cord damage, facial injuries, fractures, and burns.
Traumatic Brain Injuries
Traumatic brain injuries could occur when a vehicle impact forces victims’ heads into fixed objects, like the sides of their cars. These injuries are common during head-on, T-bone, and rollover accidents, particularly those that occur at high speeds. Traumatic brain injuries often entail lengthy recoveries, and some victims might suffer permanent damage to cognitive functions in severe cases. Even concussions can be distressing for victims, requiring considerable rest and possible time off from work, entitling them to compensation for lost wages.
Back and Spine Injuries
Back and spinal cord injuries present the risk of permanent consequences for victims, like decreased mobility or paralysis. Whiplash, a soft tissue injury in the neck, is especially common during rear-end accidents, which are some of the most prevalent collisions in Oakland and elsewhere.
Facial Injuries
Facial injuries could occur when airbags deploy or glass breaks, causing lacerations and possible fractures. Drivers and passengers might suffer broken noses, brow bones, or even jaws during especially bad collisions, potentially enduring disfiguring injuries that cause considerable mental suffering and emotional distress.
Fractures
Fractures, whether displaced or not, are often consequential, with victims requiring rest and sometimes surgeries or casts. Depending on the location of the fracture, victims may need physical therapy to aid mobility, and such care from specialists should be covered in their claims. Our attorneys will make sure to tally the cost of all medical expenses, from the first to the hospital to your final follow-up appointment.
Burns
Explosions and engine fires can happen during head-on or high-speed crashes, potentially causing disfiguring and painful burn injuries for victims. These types of injuries are often somewhat permanent, even with reconstructive surgery, causing victims years of intangible damages due to pain and suffering, and we can quantify these non-economic losses to ensure a fair recovery in Oakland.
Statute of Limitations for Filing Your Lawsuit After an Accident in Oakland, MD
One of the most consequential steps in initiating your case is identifying its filing deadline. Statutes of limitations are strictly imposed in Maryland, and missing the one that applies to your lawsuit could make you miss your chance to hold an at-fault party accountable for the damages you incurred from their negligence.
General Personal Injury Statute of Limitations
In general, for car accident and most other personal injury lawsuits, the statute of limitations is three years under Md. Code, Cts. & Jud. Proc. Art., § 5-101. The accrual date is typically the date the accident occurs and the victim is injured, and our personal injury and car accident lawyers can confirm how much longer you have left to prepare and file your lawsuit when initially reviewing your case.
Medical Malpractice Statute of Limitations
For medical malpractice lawsuits, the statute of limitations is five years from the time the injury was sustained or three years from when the injury was discovered, whichever comes sooner, according to § 5-109(a).
Tolling Exceptions to the Statute of Limitations
Delayed discovery can push back the statute of limitations, identifying the accrual date as the date of discovery rather than the date of injury. Furthermore, being injured as a minor or by a defendant who then flees the state could also toll the statute of limitations, potentially giving you more time to sue and get damages than you anticipated.
Proof of Injury Needed for Your Accident Lawsuit in Oakland, MD
Our attorneys will request and obtain the necessary proof of injury for your lawsuit, which may include records from your initial trip to the emergency room. We will also get records documenting your diagnoses and entire course of treatment, as well as statements from physicians and other medical experts.
Emergency Room Records
As soon as you notice your injuries, go to the hospital. For many victims, this is immediately after a crash or other accident, but for some, it is days or weeks later if they suffer more latent injuries. What matters is documenting your injuries as quickly as possible, so go to the hospital when you feel pain or discomfort. If your injuries are immediately visible or apparent and you need immediate assistance, call 911 and have paramedics take you to the hospital. This can prevent your injuries from worsening, particularly if you suffered back or neck damage.
When you get to the hospital, particularly if you have traumatic injuries, you might undergo extensive testing and urgent care, such as surgery. Immediate treatments vary depending on the victim’s injury, and some may have to stay in the hospital for several days for evaluation until doctors know the extent of the harm.
Extended Medical Records
We can also get and organize records from any subsequent care you receive. Even minor injuries may require follow-up appointments, with more serious injuries needing weeks or months of medical intervention. In addition to getting the hospital records that prove your injuries, we will maintain records of the cost of the treatment in the form of bills and invoices. This can enable our attorneys to offer a straightforward timeline of your medical expenses and treatments since the accident.
Many injuries require some follow-up treatment past the first visit with doctors, and you must stay on top of your treatment plan to the best of your ability. Missing scheduled appointments could lead to gaps in your medical records and prevent your injuries from healing properly. This could, in turn, cause issues in your case, raising questions about who should cover certain medical expenses if the victim’s missing appointments could have worsened their condition. To prevent these types of problems during your lawsuit, prioritize your physical recovery and continue your treatment for as long as necessary after an accident, regardless of how you suffered your injuries.
Physician Statements
Additionally, we may have the physicians who have treated you thus far prepare statements regarding your injuries and their extent. Your doctors and other medical specialists or experts can clarify some of the complicated matters surrounding long-lasting or permanent injuries, particularly if victims require additional surgeries or other treatments in the future for which the defendant is also liable.
Suing for Fatal Personal Injuries Caused by Car Crashes and Other Accidents in Oakland, MD
When personal injuries turn fatal, victims’ survivors may bring wrongful death lawsuits to potentially recover economic and non-economic damages from the liable party, depending on their relationship with the victim.
These lawsuits are for the benefit of a victim’s spouse, parents, or children, according to § 3-904(a)(1), and follow a three-year statute of limitations, which begins to run on the date of death, not the date of the original accident or injury, which might have occurred weeks, months, or even years in the past.
Like personal injury lawsuits, our attorneys will need medical evidence of the victim’s injury, but we will also need to show how it caused their death, particularly if it was not immediate. Medical experts can testify as to how a victim’s injuries were not immediately fatal but were still caused by the defendant’s negligent conduct, making them liable.
Pure Contributory Negligence in Personal Injury and Car Accident Lawsuits in Oakland, MD
Maryland is a pure contributory negligence state, meaning victims who share any percentage of the liability for their injuries are barred from recovery any compensation. This would be the case, regardless of if the victim was hurt in a car accident or other incident.
That said, contributory fault rules tend to impact motor vehicle accident lawsuits most. Car crashes are often chaotic, and at-fault drivers might try to use statements victims make at the scene or the confusion to their advantage, arguing victims were also at fault.
When handling a case potentially affected by contributory fault, our lawyers may take one of two approaches. For example, we may present evidence that contradicts the defendants’ assertions, like eyewitness statements confirming you were driving the speed limit and behaving responsibly. Alternatively, proving that the defendant had the last clear chance to avoid the accident despite your actions but failed to would exempt you from being barred from recovery by Maryland’s pure contributory negligence rules.
To prove the other driver’s fault outright, our lawyers may use a combination of various evidence. In addition to statements from eyewitnesses, we may have experts reconstruct the collision. This can lead to many important determinations, like each party’s speed and the direction they were traveling in. Photos of property damage can help corroborate this, as can videos obtained from nearby doorbell cameras or security camera systems.
Call Our Injury Attorneys About Your Recent Accident in Oakland, MD
Call the personal injury and car accident lawyers of Rice Law at (410) 694-7291 for a free case assessment.