Wheaton, MD Motorcycle Accident Lawyer
Following devastating motorcycle accidents in Wheaton, injured victims can seek recovery by suing at-fault parties for their negligence.
For you to recover compensatory damages for a motorcycle crash that took place in Wheaton, you will have to start by calling the police. Officers can document your accident in a police report which our attorneys can refer to when building your case. After you have received the necessary medical care, our lawyers will identify who is at fault for your accident. We can do this by reviewing relevant evidence, such as eyewitness statements and video footage from nearby surveillance cameras. We can then use such evidence to prove the defendant’s fault at trial if necessary. Compensation is only available when victims file within the three-year timeframe for motorcycle accident cases in Wheaton. Depending on your case, compensation will likely include damages for your economic and non-economic losses.
Call the Wheaton, MD motorcycle accident lawyers of Rice, Murtha & Psoras at (410) 694-7291 to get a free and confidential case review.
How to Recover Compensatory Damages for a Motorcycle Accident in Wheaton, MD
In order to recover compensation for your recent motorcycle accident in Wheaton, there are certain things you must do. These include reporting the accident to the authorities, identifying who is at fault for the incident, collecting evidence of negligence, filing on time, and proving fault. Once you accomplish all of these tasks, you will be able to claim the damages you deserve.
Report the Accident
Begin by reporting the motorcycle crash as required by Md. Code, Transp. Art. § 20-107(a). When officers from the Montgomery County Police Department arrive, they can handle obtaining the negligent party’s information and gathering all pertinent details regarding the crash. Failing to report your motorcycle injuries to law enforcement might make it harder to establish that the accident did, in fact, take place in Wheaton. In addition to reporting the accident to the authorities, you should also go to the nearest hospital to ensure your injuries are thoroughly documented in your medical records. Get all care suggested by doctors, including any necessary surgeries.
Identify the Negligent Party
After being enlisted to help with your case, our motorcycle accident lawyers will identify the party whose negligence caused your injuries in Wheaton. We can do this by gathering evidence, such as eyewitness statements and surveillance footage. Motorcycle accidents can often be complex, leaving victims unsure who exactly is to blame. Even if you know who the negligent party is, proving it with evidence will be essential, so our lawyers will still perform the same thorough investigation to determine fault for your injuries.
File Your Case on Time
The next step in recovering compensation in your motorcycle injury claim is to file your lawsuit on time. As dictated by Md. Code, Cts. & Jud. Proc. Art., § 5-101, victims of any auto accident, including motorcycle accidents, must file injury lawsuits within three years of the crash date. Bringing your claim even sooner will be important, especially if you require substantial compensation for expensive medical bills, detrimental lost wages, and harmful pain and suffering. If you do not file the motorcycle accident lawsuit on time, your claim may be rejected by the court in Wheaton.
Prove the Defendant’s Fault
After you have filed your complaint with the court, negotiations or a trial might follow. If your claim goes to trial, we must be able to prove that it is more likely than not that the defendant caused your injuries. We can do this by submitting the evidence we previously gathered. This may include medical records, physical evidence from the accident scene, eyewitness statements, expert testimony, photographs, security camera footage, and other relevant evidence. Such evidence can be used to prove the four crucial elements of a motorcycle injury case, which are that the defendant owed the victim a duty of care, the defendant breached their duty of care, the breach of duty caused the victim’s injuries, and the victim suffered real damages as a result.
Proving the defendant’s fault will eliminate any question regarding your own involvement in the crash. Maryland is a pure contributory negligence state, which means that victims are unable to recover damages if they also acted negligently, contributing to the cause of their injuries. Meeting the burden of proof against the defendant can allow you to prevent contributory negligence laws from negatively impacting your case in Wheaton.
Collect Your Damages
The final step in your claim will be to actually recover the damages awarded to you. If you settle your case out of court, the amount you receive will be negotiated for by our attorneys. If you go to trial, the jury in your case will award damages based on the proof of losses you are able to provide.
According to Md. Code, Cts. & Jud. Proc. Art., § 11-108(2), non-economic damages are currently capped at $935,000, meaning that is the absolute most you can recover in pain and suffering damages when compensation is awarded by a jury in Wheaton. Economic damages are not limited, so you can recover damages for all financial losses caused by the motorcycle accident. A jury will not just take your word regarding economic damages, meaning you will have to prove that they exist and are compensable. Punitive damages are also not capped in Maryland, providing the opportunity for a considerable recovery if gross negligence caused your injuries.
Compensation is recovered in the form of a lump sum payment or structured payments. With a lump sum settlement, you will get all damages at one time. With structured payments, you will receive payments toward your total settlement amount over time, typically a period of several months or years.
Call Our Motorcycle Injury Lawyers in Wheaton, MD Today
Call our motorcycle accident lawyers at (410) 694-7291 to discuss your case with the team at Rice, Murtha & Psoras today.