Car accidents are one of the leading causes of injury in the country. Driving is one of the most dangerous activities most people will perform in any given day, but it is still a necessity for millions of people. If you are involved in a car accident and faced injuries that another driver caused, there is no reason that you should be left to pay for these injuries yourself and suffer alone. Talk to our Columbia, Maryland car accident lawyers today to learn more about how you can file a personal injury lawsuit to seek compensation for your injuries.
The car accident injury lawyers at the Law Office of Randolph Rice may be able to take your case and work to get you the compensation you need for your injuries after a car crash. For a free legal consultation on your case and to learn more about how your case can proceed, call our law offices at (410) 694-7291.
Suing for Car Accident Injuries in Maryland
When you are injured in a car crash, you may have options regarding how to proceed with your case. People commonly understand that you can file a car accident claim with your insurance company or the other driver’s insurance company when you are involved in a car crash, but that might not always be the best way to handle your case. Instead, you may want to take your case to court.
All drivers in Maryland are required to carry car insurance. At a minimum, this insurance must cover at least $30,000 in injuries per driver, $60,000 in injuries per accident, and $15,000 in property damage per accident. However, the coverage under these policies may not pay 100% of the damages you are entitled to. For instance, medical bills may only be covered up to a certain percentage, and you may be on the hook for the rest of the damages. If your damages and injuries were caused by the other driver, they should cover your damages in full.
In a car accident claim, the damages you faced can be claimed in full. Commonly, car accident lawsuits involve damages for the victim’s medical bills and lost wages related to the accident. This should cover the cost of any medical treatment related to the accident, including physical therapy and rehabilitation. If your injuries kept you from work, those costs should be paid in full as well.
Another feature of filing a lawsuit instead of an insurance claim is that you may be able to claim damages for pain and suffering. Most auto insurance policies do not cover pain and suffering damages, but these damages can be one of the biggest parts of your car accident injury lawsuit. These damages are paid in addition to any other damages and are meant to directly reimburse you for the physical pain and mental suffering you faced from the injuries.
Grounds to Sue for a Car Accident in Maryland
When you are injured in a car crash, you typically have the right to sue the at-fault driver for the injuries you faced. These types of cases are typically based on a “negligence” claim, which accuses the driver of failing to use the proper care or skill required of them. To build your case and prove your claim in court, your attorney will need to satisfy the following four elements:
- The other driver owed you a duty. This may be a general duty of safe driving or a duty to follow specific traffic laws.
- The other driver breached that duty. This could involve things like speeding, failing to yield, or driving too fast for the road conditions.
- The driver’s breach caused the accident. This proves that the other driver was directly responsible for the injuries and can be held accountable.
- The accident caused you damages the court can compensate you for. This means you must prove damages such as medical expenses, pain and suffering, and lost wages by providing testimony and records of these costs.
As an example of this process in action, consider a car crash where the other driver runs a red light and hits your car. You would point to the driver’s duty to stop at the red light and their failure to do so to prove the duty and breach elements. Proving that the driver caused the accident is simple enough if no other cars were involved, which only leaves proving the damages you faced. Photos of the accident, medical records, hospital bills, pay stubs, and the victim’s testimony about pain and suffering are some of the most valuable evidence used to prove damages.
There are many traffic laws that drivers in Maryland violate every day. These laws are intended to keep other drivers safe, so when drivers violate these laws, you may be able to hold them liable if their violation caused injuries. However, the defendant will attempt to point to errors you made as well. If the jury finds you contributed to the accident, your case may be blocked. Because of this, it is very important to strategically present your case and avoid unnecessarily exposing yourself to blame. Work with an experienced car accident lawyer to protect your case.
Call Our Columbia Car Accident Lawyers for a Free Legal Consultation
If you are dealing with the effects of a car accident and serious injuries, contact the Rice, Murtha & Psoras today. Our Columbia, MD car accident lawyers represent injury victims and their families and work to get them the compensation they need for medical bills, lost wages, and other harms from a car crash. For a free legal consultation on your case, contact our attorneys today at (410) 694-7291.