Can You Make a Personal Injury Claim?
You may be thinking about filing a personal injury claim in order to recoup damages if you or a family member has suffered serious injury or death through no fault of your own. What can you expect going forward? Our personal injury attorneys can answer your questions and fight for the best possible settlement for you.
Eligibility for Damages
The number one rule of a personal injury claim is that the injury or death occurred due to the negligence or recklessness of someone else. Maryland is a contributory negligence state, meaning if you are even partially to blame for the incident in question, you are barred from making a claim. A claim must be based on a defendant’s lack of reasonable care to protect you, which resulted in injury.
Damages
The amount of damages you might be seeking will depend on a number of issues. Some of them include:
- Evidence of a breach of duty to protect;
- The actual medical costs for the injuries sustained in the accident;
- The estimated length of time needed for a complete recovery;
- The amount of time missed from work and associated earnings lost;
- The need for long-term care;
- Estimates about lost future wages.
Steps
Personal injury lawsuits can be complicated and lengthy. Fortunately, your personal injury attorney has encountered these issues countless times already, and is practiced at filing the right paperwork, making and responding to motions, and working within deadlines. The rules of the courtroom are well understood, and your attorney will follow necessary procedures as they address the paperwork, negotiations, and arguments on your behalf:
- Initially the documentation of your injuries is addressed in any claim process. It’s important for you to seek medical attention quickly after an accident, and copies of all documentation should be forwarded to your personal injury attorney, including both financial and medical records related to the accident.
- Next, your attorney will notify other parties of the fact that you were injured and are filing a claim.
- Property damage cannot be addressed until at least three quotes for repairs have been obtained.
- Then it will be necessary to file claims with your and/or the responsible party’s insurance companies.
- Now it’s time to file the demand letter, explaining precisely what injuries were incurred and the costs associated with the accident.
- You can anticipate the insurance company will balk at your request for remuneration—but count on your experienced attorney to handle the negotiations.
- While a settlement is the best option, if that’s not possible you’ll end up going to trial.
Advocating for You
The LaPlata & Waldorf personal injury attorneys at The Law Office of Hammad S. Matin, P.A. are prepared to use every legal tool in the toolbox in order to get you the settlement you deserve. Schedule a confidential consultation today.
