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Wondering how to file a Maryland truck accident lawsuit? The law governing Maryland truck accidents is slightly more nuanced than it is in the typical auto accident case. While some Maryland laws apply, there are also federal statutes governing the channels of interstate commerce (roads) that can supercede any state law case. When we speak with a potential client for the first time, they often wisely do their research. However, the research may not account for the fact that state law may be federally preempted. Note also that it is not federally preempted if federal law does not cover and therefore conflict with the state law. So, in filing a lawsuit after a Maryland truck accident, how do you proceed? What steps do you need to take to protect your right to compensation for your injuries? You may have thousands of dollars in medical expenses.
You may be out of work for weeks, months, or indefinitely. This is something our attorneys handle regularly and stand ready to help. While some truck accident victims decide they want to try to settle their case without legal representation, they quickly realize that insurance companies do not make good settlement offers without at least the threat of litigation. They know when a layperson is not represented by an attorney and thus will not make as sizable an offer. For the record, they also know that their offer does not fairly represent your injuries. When the insurance company refuses to make a fair settlement offer or even outright denies liability, we must file a lawsuit and proceed to trial. What do the steps preceding the lawsuit look like? We answer that and how to file a Maryland truck accident lawsuit next.
Before discussing how to file a Maryland truck accident lawsuit, we must briefly overview the steps leading up to filing. First, we investigate the accident and gather evidence. This evidence determines liability and whether sufficient legal grounds exist to file a lawsuit. If we determine that legitimate grounds exist, we file a complaint with the court. This includes explaining how the truck accident occurred, a statement identifying the defendant and why he is responsible, and the damages you seek (medical costs, lost wages, pain and suffering, etc.). However, that alone is insufficient to file a Maryland truck accident lawsuit. We must also serve the defendant with due process. It is unfair to any citizen to sue them without their even knowing they are getting sued. This process follows Maryland’s Rules of Civil Procedure, and improper service can delay your case.
To serve a defendant with process, we invariably hire a process server. There is a right and wrong way to serve a defendant with process. However, knowing where the defendant lives is useful in serving a defendant. This is why it is critical to obtain this information while you are still at the accident scene. While we may still be able to track them down, it is far more difficult and potentially expensive. Next, we may engage in pre-trial discovery. The purpose of discovery is to facilitate a fair trial. Courts do this by providing both sides with all discoverable evidence. A failure for either side to procure evidence can result in sanctions or contempt. Discovery frequently includes interrogatories, and can also include requests for documents and depositions. Depositions can be expensive, so your case should have at least some value to warrant litigating and paying these costs.
Besides how to file a Maryland truck accident lawsuit, the only people who can file suit are parties to the accident in almost all cases. Though, there are exceptions. For the most part, if you are in either vehicle, a pedestrian, bicyclist, or motorcyclist who has been struck, you can sue the negligent driver. Even if you are the negligent driver yourself, you can still sue for damages. Although, you will likely struggle to find a personal injury attorney willing to represent you or to meet your burden of proof in court. Besides parties to the accident, how can you file a Maryland truck accident lawsuit? If you are a close family member of a truck accident victim who passed away because of the accident, you may have a recognizable claim against the negligent driver.
This is known as a wrongful death claim. Note that this is distinct from a survival action, which the decedent’s estate brings. On the topic of a survival action, the executor of the decedent’s estate is the last person who may also bring a lawsuit for a Maryland truck accident despite not being directly involved in the accident.
Generally, you have three years to file a Maryland truck accident lawsuit after the date of the accident. The same is true if a family member wants to file a wrongful death claim. However, there are exceptions to this general rule. For example, if you are the victim of a truck accident, and you have been in a coma for a year, and it has now been 42 months since the truck accident, you may have an additional six months to file your claim. There is some debate about whether the statute of limitations is satisfied once you file the complaint or until you serve the defendant with process.
The deadline may be different if you are a minor at the time of the accident.
Technically, no Maryland accident lawyer is necessary to file a Maryland truck accident lawsuit. You may file a lawsuit as a pro se litigant. In Latin, pro se translates to “in one’s own behalf.” This is possible, though rarely advisable. Firstly, if your case is relatively simple, the insurance company will likely settle it. They typically only cause you to file suit on cases they think they can win. Moreover, there is more that meets the eye than telling your story to the judge or jury. While you may do a version of this in your opening and closing statements, evidence is presented by examining witnesses. This means asking open-ended questions on direct examination, and leading questions on cross-examination within the scope of the direct.
You must also consider strict civil procedure guidelines. This involves participating in discovery before trial, filing in the correct court, and more. Merely filing in the incorrect court can cost you your case if you then miss the statute of limitations. In fact, even coming within months of the statute of limitations deadline is enough for most truck accident attorneys to steer clear because of the risk of malpractice. Thus, while a Maryland truck accident lawyer is not necessary to win your case, retaining one will increase your odds of success. Moreover, studies have shown that you will recover four times more, on average, with a lawyer than without, even after legal fees.
If you are wondering how to file a Maryland truck accident lawsuit, call our office today for a free consultation at (202) 331-7227.
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