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. It’s an often difficult and lengthy process, but your best option may be to sue them for all the trauma and damage you experienced if they won’t accept responsibility or if they or their insurance company refuses to provide you appropriate compensation.
Maryland ranks 6th in the nation for car crashes (per a 2022 insurance industry publication) so practicing safe driving etiquette is always necessary. But if you’re unfortunate enough to become a victim of such mishaps, filing a claim can be the best course of action. However, there are many things you need to learn before suing the other party responsible for your injuries and other damages associated with the car accident.
If you need help finding a lawyer who can help you with the litigation process, Jezic & Moyse is one of the best firms in Maryland. They have a team of lawyers with years of expertise handling cases like these.
Is Maryland an At-Fault State?
In Maryland, drivers and injured passengers are allowed to sue another at-fault driver for the damages they caused due to the crash. But it’s worth noting that some insurance benefits are based on something other than fault, in many cases providing injured drivers and passengers other options to recover damages after the accident.
A helpful insurance coverage for drivers on many insurance policies is Personal Injury Protection or PIP. What’s great about this insurance benefit is that the injured driver or passenger doesn’t have to prove that someone was at fault to be compensated. The compensation includes medical expenses and can include lost wages. Plus, the PIP benefits can often pay out 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.
Furthermore, punitive damages may be awarded under certain specific circumstances, including when the at-fault party was not just negligent or careless – but acted with evil or malicious intentions, resulting in injury. Such punitive damages can be ordered by a Maryland court as punishment to the at-fault party or to deter others from acting similarly.
The Statute of Limitations for Car Accidents in Maryland
The statute of limitations is a term for the law(s) that limits the amount of time after an injury, such as in a car accident, that you can file a lawsuit claim in court for compensation. The Maryland statute of limitations for Maryland car accidents is generally only three years starting from the date of the accident. There are also other time limits specific to different types of cases and claims that often have time limits for filing that are much shorter than three years.
Therefore, it is important to act immediately and file a claim as soon as possible to ensure that your claim is resolved and you get a settlement for damages done by the other party.
If you fail to file a timely claim, you most likely won’t be able to do so again. Different types of cases may have different time limitations under the law, including certain death cases.
Other exemptions to Maryland statutes of limitations are for minors who are injured, with deadlines beginning to run based on when they reach 18 years old, and for persons who may be mentally incapacitated.
Types of Damages in Maryland
There are two primary types of damages in Maryland: economic and non-economic. Economic damages are more direct and refer to costs that you accumulated due to the injury or damage to properties. Non-economic damages may be related to pain, suffering, inconvenience, mental anguish, and emotional distress.
Examples of Economic Damages
- Medical, doctors, and hospital expenses
- Car replacement or fixes
- Lost wages
Examples of Non-Economic Damages
- Emotional distress
- Physical pain
- Suffering
- Loss of companionship resulting from the car crash
It’s worth noting that for non-economic damages, there’s a Maryland limit or cap on how much can be awarded to you, depending on the type of case. The general cap for non-economic damages arising from a non-death accident as of October 1, 2022, is $920,000. That maximum amount increases every year. As for how much someone can sue for a car accident in terms of economic damages, there is no cap.
Contributory Negligence Rules
In Maryland, the one filing a lawsuit claim must prove that another party is at fault for the claim to succeed. However, Maryland is one of a handful of states where the defense of “contributory negligence” can apply.
If the injured person bringing the claim was him or herself negligent, or even partially at fault for causing the accident, the contributory negligence defense may bar the injured party from receiving any compensation. So even if the injured party bringing the claim was found at trial to be just 1% at fault, and the other driver was found to be 99% at fault, the injured party would not be awarded any damages.
Therefore, you will have to prove to the Maryland court that the other driver or drivers are the only one(s) to blame and that you didn’t contribute to the accident. It’s a harsh rule and can be complex to navigate without quality, experienced legal representation.
The Types of Evidence You Must Provide to the Court
There are many types of evidence that are typically required in court to support a lawsuit claim. And you can achieve this with the help of a lawyer with experience and resources. Some examples are the following:
- Pertinent physical evidence
- Scene or accident evidence
- Documents of injury
- Medical information
- Witness with testimony
- Photos and videos
It’s also important to note that even if you don’t have this evidence, there are often still ways for your lawyer to obtain them.
Get Professional Legal Representation to Guide You
Everybody knows that filing a claim against another party can be overwhelming, especially if you’re still experiencing the side effects of the accident. But for your own good, suing them is often the best course of action to ensure that you receive justice.
If you are still looking for a lawyer to file 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 with your case. Contact us today so that we can discuss finding the best solution for you.