Linthicum Heights is in the suburbs, which means that many people drive each day to get to and from work, to run errands, and to get their kids to sports. With close access to the highway and hundreds of in-town streets and back roads, there are many different ways that car accidents could happen. If you or a loved one was injured in a car crash in Linthicum Heights, Maryland law might entitle you to file a lawsuit to seek financial compensation.
Rice, Murtha & Psoras represent injury victims in car accident lawsuits and work to get you and your family compensation for the injuries you faced. Our Linthicum Heights car accident lawyers are available to schedule a free legal consultation. We can go over the facts of your case with you and help you understand your options for how to proceed. For your free case consultation, call us today at (410) 694-7291.
Filing for Insurance Claims or Lawsuits After a Linthicum Heights Car Accident
If you were injured in a car crash, your first instinct might be to file an insurance claim. Many people think that, since they pay for car insurance, they have to use it if they get injured. In Maryland, car insurance works under a fault-based system instead of a no-fault system. This means that your insurance payments work to protect you if you cause an accident, paying for damages for the other driver. If you were the one who got injured, you might be entitled to file a claim against the other driver’s insurance – but you might be better off filing a lawsuit instead.
The payout you can get in an insurance claim is usually limited in a few ways. First, an insurance policy has limits and might not pay damages over a certain value. Additionally, policies might pay only a percentage of compensation for medical expenses and lost wages. Insurance claims also avoid certain damages entirely, which means that you usually cannot claim damages for your pain and suffering. To top things off, insurance claims act as a settlement. That means that you cannot go back to court and seek additional compensation if you later realize that you did not get everything covered.
In a lawsuit, you can claim the full value of all damages that you faced. This includes financial harms like the cost of medical expenses and the value of lost wages, but it also includes direct compensation for the physical pain, emotional suffering, and mental anguish of the injuries you faced. You can also seek compensation for any other harms you can prove are connected to the injury.
Proving Who’s at Fault in a Car Accident in Linthicum Heights
For you to get damages in court, you need to prove that the other driver caused the crash. You can usually prove fault by showing how the other driver made unsafe decisions behind the wheel, drove carelessly, or committed traffic violations. If any of these mistakes led to the crash, the court should hold that driver accountable for their injuries.
Accidents are commonly caused by serious mistakes such as drunk driving, distracted driving, and excessive speeding. If the driver did something obviously dangerous, the court will be more likely to rule in your favor. If the driver’s mistakes were reasonable given the circumstances surrounding the crash, the court might not rule against them. It is important to consider all evidence when determining who is at fault, such as the condition of the roadway, weather conditions, and lighting. Ultimately, your testimony about how the crash occurred, photos of the accident scene, traffic camera footage, and testimony from other witnesses will also be helpful in proving your case, if available.
If the other driver accuses you of being the one who actually caused the crash, your case could be more complicated. Maryland law prevents victims from claiming damages if they were partly at fault for the crash – even in cases where they are 1% liable. This means it is important to have an experienced car accident lawyer control the narrative of what happened to avoid saying anything that might be construed as an admission of fault. Even posting information about the crash on social medial or making statements to friends where you can be overheard could be bad for your personal injury case.
Settling a Car Accident Injury Case in Linthicum Heights, MD
Ultimately, if the evidence is overwhelming and the at-fault driver wants to admit fault, the case could settle out of court. This can help you skip the time and expense of going to trial, which might ultimately mean higher damages for you. If we can negotiate a fair settlement for your case, we will advise you to take that instead of going to court.
In many cases, at-fault drivers and their insurance companies start the case with a low settlement offer that will not cover your damages in full. Many people are tempted to take these low offers, especially if they have expensive medical bills and support needs. However, it is better to talk to a lawyer and get help determining whether the settlement is enough before accepting any money. If you do accept settlement money from the insurance company or the at-fault driver, you usually cannot go back to court to seek higher damages.
Call Our Linthicum Heights Car Accident Attorneys for a Free Case Consultation
Car accident injury cases can be complex, especially if there are issues in proving fault or collecting evidence to use in your case. Accepting an insurance claim might seem like the best route to recovery, but if the payout is too low, you might miss out on financial compensation you should be entitled to. For help with your case, call the Linthicum Heights car accident lawyers at Rice, Murtha & Psoras. Our lawyers have decades of experience helping injury victims get compensation for their medical bills, lost wages, and pain and suffering. Call us today at (410) 694-7291 to set up your free legal consultation.