Woodlawn, MD Car Accident Lawyer

If you were involved in a car accident that was not your fault, then getting compensation might be more complicated than you might expect.  Insurance companies are often unwilling to pay out full awards for serious injuries, and Maryland’s laws often allow them to deny fault and blame the victim in an attempt to deny coverage entirely.

If you were hurt in an accident, then working with a lawyer might be your best route to compensation.  With the help of an attorney, you can take the at-fault driver and their insurance company to court to fight for full compensation.

To have our car accident lawyers review your case in a free evaluation, call Rice, Murtha & Psoras today at (410) 694-7291.

How Insurance Claims Work for Car Accidents in Woodlawn, MD

Many people expect that insurance will be the best way to get their medical bills, lost wages, and other damages paid after a car accident.  Insurance companies will often cover vehicle damage, but once they see claims for medical bills, lost wages, pain and suffering, and other damages, they will often try to drive down claims or settle for only a fraction of the case’s true value.  Getting full compensation can be complex.

Maryland works on a fault-based insurance system, meaning that the at-fault driver’s insurance pays for your injuries and other damages.  Many drivers do have some first-party “PIP” benefits, but these benefits likely pay for only a few thousand dollars of your damages, leaving the at-fault driver’s insurance to cover the rest.

Getting their insurance to cover your injuries often means convincing them that their driver was at fault.  You and your attorney can present evidence, like photos of the accident scene and your summary of what happened to you.  You will also need to present bills and other evidence of the damages you faced.  However, it is up to the insurance company to decide whether or not they believe you.

If your claim is denied, our car accident lawyers can help you appeal the denial and fight to negotiate higher offers if the insurance company’s settlement offer is too low.  However, if the case cannot be resolved, we may need to take your case to court.

Filing a Lawsuit for Car Accident Injuries in Woodlawn, MD

If the insurance company or the at-fault driver refuses to settle your case or consistently denies their driver’s fault, then you might need to go to court to resolve your case.  In a lawsuit, the jury will decide who was at fault and how much your case was worth rather than leaving the question to the insurance company.

In court, the victim’s attorneys must show that the defendant was the one who caused the accident through either a traffic violation or a violation of some other duty they owed the victim.  Violations can include anything from changing lanes without signaling to drunk driving.  Other unreasonable safety issues behind the wheel can involve distracted driving, failing to keep a proper lookout for other cars, or other issues.

When your case is filed in court, the insurance company might begin to take your claim more seriously.  It becomes more expensive and high-risk for an insurance company to fight a lawsuit, and the added pressure to have to back up their denials with enough evidence to convince a jury might push them to give in and settle the case.

Often, car accident cases settle before getting to trial.  If your case does not, then we can fight your case before a judge and jury, presenting evidence and witness testimony to show that the other driver is at fault.

Challenges in Presenting a Woodlawn, MD Car Accident Case

When your case goes to an insurance company or a court, there are a few legal challenges that our lawyers will have to be prepared to tackle on your behalf:

Evidence

We will need to present strong evidence and witness testimony to prove what happened and demonstrate that the other driver was at fault.  In most cases, surprising things can function as strong evidence, such as medical records from the day of the accident that help connect your injuries to the events in question.  Photos of the accident scene, witness testimony, your own testimony, and photos of the vehicle damage form the core evidence in many cases.  If we can get stronger evidence, like video of the crash itself, that is even better.

Contributory Fault Defenses

In Maryland, the victim of any injury case will automatically lose their claim if the defense can show that the victim contributed to causing the accident.  A driver who is even 1% at fault for their own injuries can lose their case.

Fortunately, these defenses rarely affect passengers, so this might not be an issue in your case if you were not driving.  If you were driving, it is important to control the narrative and fight back against any claims that you contributed to the crash.

Timing

If you are injured and need to take time to recover before you call a lawyer, the delay in filing your case could ultimately hurt you.  It is important to contact a lawyer as soon as you can after an accident, even if you are still in the process of recovering.  Cases filed too late could be barred by the statute of limitations.

Md. Code, Cts. & Jud. Proc. Art, § 5-101 gives victims only three years to file their case in court.  Our lawyers can work with you starting very early in your case to help collect evidence, compile medical records, and track expenses.  If you delay too long, it could make it harder to get your case filed within the three-year deadline.

Reach Out to Our Woodlawn, MD Car Accident Lawyers Today

Call Rice, Murtha & Psoras at (410) 694-7291 for a free case analysis with our experienced car accident attorneys.