Recovery in Maryland Car Accident
In almost every case we have, our client asks us how much he or she can recover for the accident. This is a fair and reasonable question. Recovery in a Maryland car accident is dependent on a few key factors. To determine the exact value of a case and what you can ultimately recover, one must possess a thorough understanding of tort law, evidence law, insurance law, and civil procedure. And of course, every case is different. Just as importantly, every judge and every jury are different. So, while we are able to calculate the general range of what your case is worth, it is never a guarantee that you will ultimately recover that amount.
Our attorneys in Maryland have been practicing personal injury law since 1954. We understand as well as any other firm in the state precisely what goes into a recovery for a car accident claim. The discussion below will hopefully give you some idea of what goes into a case analysis. However, none of the below information is a replacement for consulting with a seasoned Maryland personal injury lawyer. Our consultations are always free, and we look forward to answering any additional questions you may have.
Do I Have a Claim?
To have a claim for a car accident in Maryland, you must be injured due to someone else’s negligence, recklessness, or intentional conduct. Further, you must not have been contributorily negligent. In Maryland, our state is only one of five in the country that follow this unique rule. The contributory negligence rule bars recovery if you as the plaintiff are even 1% negligent and the defendant is 99% negligent. This is a perplexing and frustrating rule. Fortunately, the “last clear chance” rule is a practicable exception. For further discussion on contributory negligence, contact us for a free consultation.
Once you decide with a skilled attorney that you have a valid claim in your car accident case, you must consider the statute of limitations in Maryland. Generally, the statute of limitations in Maryland for a car accident or other personal injury case is three years.
Is your claim for a new or preexisting injury?
Tort law provides special technicalities that may not be common sense to a lot of people. Perhaps the most surprising and useful is preexisting injuries which are aggravated are treated as new injuries in Maryland. Part of what makes this work is the eggshell plaintiff rule. In other words, the defendant takes the plaintiff as he finds him. Moreover, if you have a disease that makes you more susceptible to harm, that becomes the problem of the defendant. However, if there is no aggravation or we cannot prove aggravation of the preexisting injury, your claim may be worth nothing for that particular injury.
Recovery in Maryland Car Accident: Coverage
Recovery in your Maryland car accident often comes down to how much money there is to recover from the other side. Unfortunately, there are many instances where your injury is worth, for example, $100,000. But the person we sue only has $30,000 in insurance coverage and little to no assets. In these instances, your car accident lawyer can work to get your medical expenses reduced. Additionally, you may have underinsured coverage which may be able to get you additional compensation. However, in some cases, recovery will not exceed far beyond those low insurance amounts.
On the other hand, if you are seriously injured in a car accident in Maryland and you are injured by a reckless driver with a large insurance policy or moderate to substantial assets, your recovery will also be substantial in relation to your harm suffered. Moreover, in some circumstances, an experienced car accident lawyer will be able to get you punitive damages. These are more difficult to obtain in Maryland than most states, but it is possible. These can increase the value of your recovery by up to nine times as much as your compensatory damages. But again, these cases often come down to how much money there is to take so that you may obtain a fair recovery.
Recovery in Maryland Car Accident: Final Thoughts
Your recovery for a car accident in Maryland hinges on a large number of factors such that creating an online goby is impossible. If you would like to get in touch with an experienced Maryland injury attorney, our phones are available 24/7. We look forward to speaking with you.