Everything You Need to Know About Suing After a Car Accident

Have you recently been in a car accident where the other party is at fault? Do you suffer from life-changing injuries that negatively impact your life and cost you a lot of things? If so, you can file a legal claim against the party at fault to receive compensation for all the trauma and damage you experienced.

Maryland ranks 6th in the nation for car crashes, so practicing safe driving is always necessary.  If you’re unfortunate enough to be involved in a car crash,  you can file a claim or pursue a lawsuit against the other party.  However, it is a difficult process for someone without experience in this area.

If you need help finding a lawyer who can help you with the litigation process, Jezic & Moyse is one of the best in Maryland. They have a team of lawyers with years of expertise handling cases like these.

 

man holding his left shoulder

Is Maryland an At-Fault State?

Maryland is an at-fault state, which means drivers are allowed to sue other drivers for the damages they caused due to the crash.  It is also  worth noting that some insurance benefits can be recovered regardless of fault.

One of the best insurance coverages for drivers is Personal Injury Protection or PIP. What’s great about this insurance is that the driver doesn’t have to provide any evidence of fault to be compensated. The compensation includes medical expenses and a percentage of their lost wages. Plus, they pay out really quickly.

Filing a Personal Injury Claim

If you’re wondering, “what can you sue for in a car accident,” one of the answers is a personal injury claim. It allows the plaintiff to sue the other party for the injuries they caused to the body, mind, and emotions.

The Statute of Limitations for Car Accidents in Maryland

The statute of limitations means when in a car accident what you can sue for is how long an individual can file a claim for compensation. And in Maryland, the statute of limitations for car accidents is only three years starting from the date of the accident.

As a general rule, if you fail to file a lawsuit within three years, you won’t be able to do so.

 

Types of Damages in Maryland

There are two types of damages in Maryland: economic and non-economic. Economic damages refer to losses that you incur or will incur  due to the injury or damage to properties.

Examples of Economic Damages

  • Medical expenses
  • Car replacement or fixes
  • Lost wages

Examples of Non-Economic Damages

  • Emotional distress
  • Physical pain
  • Loss of companionship resulting from the car crash

It’s worth noting that for non-economic damages, there’s a limit or cap on how much will be awarded to you. As of October 2022, it’s limited to $920,000. It increases by $15,000 every year starting on October 1. As for how much someone can sue for a car accident in terms of economic damages, there is no cap.

Contributory Negligence Rules

Since Maryland is an at-fault state, the one filing a claim must prove that the other party is at fault for the claim to succeed. However, there are instances where contributory negligence applies. If you were to blame for causing the accident even just 1%, you wouldn’t be able to recover damages from the other driver responsible for 99% of the accident.

Therefore, you will have to prove to the Maryland court that the other driver is the only one to blame and that you didn’t contribute to the accident. It’s a harsh rule, making it complex if you need legal representation.

 

The Types of Evidence You Must Provide to the Court

There are many types of pieces of evidence you must show to the court to support your claim. And you can achieve this with the help of a lawyer. Some examples are the following:

  • Pertinent physical evidence
  • Scene or Accident evidence
  • Documents of injury
  • Witness with testimony
  • Photos and videos

 

Jezic and Moyse Law Firm

Get Professional Legal Representation to Guide You

Filing a claim against another party can be overwhelming, especially if you’re still experiencing the side effects of the accident.

If you are still looking for a lawyer to make a claim for you, Jezic & Moyse have a team of lawyers ready to attend to your needs. We are more than equipped with the knowledge and expertise to help you with your case. Contact us today so that we can find the best solution for you.

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