If you have been involved in a car accident, and you suffered serious injuries and property damage, you have a number of options when it comes to collecting compensation.
In the state of Maryland, you may be able to file a personal injury lawsuit in addition to filing a claim with your insurance company. An experienced Baltimore car accident lawyer can walk you through the claims process and explain your options if you are interested in pursuing a personal injury lawsuit.
Personal Injury Factors
There are three important factors to consider that will help determine whether you have a strong personal injury case, including the following:
You suffered an injury. Your chances of having a viable personal injury lawsuit will improve if you suffered an injury in addition to property damage. The injury can be physical, including broken bones, lacerations, or head and neck injuries; or emotional, including anxiety, depression, or post-traumatic stress disorder (PTSD).
If you were in a minor fender bender, and only suffered property damage, you have no legal basis for filing a personal injury lawsuit.
Your injuries were caused by the negligence of the other driver. According to Maryland law, negligence is the failure to behave with the same level of care that another person would have demonstrated in a similar situation. In order to pursue a personal injury lawsuit, your injuries had to have been caused by another person’s negligence.
To have a successful lawsuit, you must be able to prove the following elements:
The other driver had a legal duty to follow the rules of the road
The other driver breached that duty
The other driver’s actions caused your injuries
Your injuries were caused by the other driver’s actions or inaction, and damages will provide financial relief.
You have recoverable damages. Examples of recoverable damages include medical bills, pain and suffering, lost wages, loss of earning capacity, and a diminished quality of life.
Importance of Seeking Medical Attention
If you were injured in the accident, it is crucial that you go to the hospital or to your personal physician. First and foremost, a doctor can examine you and determine the seriousness of your injury. Some injuries may not be obvious, but can be very serious, including internal bleeding or brain injuries.
In addition, if you fail to get medical attention following the accident, the insurance adjuster may assume that you were not injured. This will have a negative impact on your insurance claim, as well as your personal injury lawsuit.