About Liability and Fault
- Who is at fault for my car accident?
- What if the accident was partially my fault? Can I still recover damages?
- How is fault determined in a car accident?
- What kind of compensation can I receive for my injuries?
In Maryland, the fault is determined based on the principle of negligence. The at-fault party is the one who breached their duty of care, causing the accident. Evidence like police reports, witness statements, and accident reconstruction can help establish fault.
Maryland follows the strict contributory negligence rule. If you are found even 1% at fault for the accident, you may be barred from recovering damages. This makes it crucial to work with an experienced attorney to build a strong case.
Fault is determined by reviewing evidence such as police reports, photos of the accident scene, surveillance footage, witness testimony, and expert analysis. Maryland courts use these findings to assess negligence.
About Compensation
You may be entitled to compensation for:
- Medical bills (past and future).
- Lost wages and earning capacity.
- Pain and suffering for physical and emotional distress.
- Property damage for vehicle repairs or replacement.
- How much is my personal injury case worth?
- How long does it take to get compensation after an accident?
- Can I recover damages if the other driver is uninsured or underinsured?
- Do I have to speak with the other driver’s insurance company?
- What if the insurance company denies my claim?
- How do insurance limits affect my compensation?
- Should I accept the insurance company’s settlement offer?
- What is uninsured/underinsured motorist coverage, and how does it apply to my case?
- Do I need a lawyer for my car accident case?
- How long do I have to file a claim or lawsuit?
- What happens if I don’t file my case within the statute of limitations?
- Will my case go to court, or can it be settled out of court?
- How long will my personal injury case take to resolve?
- Do I need to see a doctor even if I feel fine after the accident?
- Who pays for my medical bills after an accident?
- Can I choose my own doctor, or do I have to use one recommended by insurance?
- What happens if I need future medical treatment related to my injuries?
- Can I recover compensation for lost wages?
- What if I can’t return to work because of my injuries?
- How is lost earning capacity calculated in a personal injury case?
- How much does it cost to hire a personal injury lawyer?
- What is a contingency fee, and how does it work?
- Will I owe anything if my lawyer doesn’t win my case?
- What evidence do I need to support my claim?
- Do I need the police report to file a personal injury claim?
- How should I document my injuries and the accident?
- What is pain and suffering, and how is it calculated?
- Can I recover for emotional distress caused by the accident?
- What if the other driver lies about what happened?
- What should I do if the other driver doesn’t have insurance?
- Can I file a claim against a rideshare driver (Uber/Lyft)?
- What should I do immediately after a car accident?
The value of your case depends on the severity of your injuries, medical expenses, lost wages, and the extent of pain and suffering. Your attorney will review these factors and consult experts to determine the potential value.
Cases can take anywhere from a few months to several years, depending on whether they are settled out of court or go to trial. Insurance negotiations may resolve quickly, but litigation can prolong the process.
Yes, Maryland requires all drivers to carry uninsured/underinsured motorist coverage as part of their insurance policies. This coverage can compensate you if the other driver lacks sufficient insurance.
About Insurance
No, you are not required to speak with the other driver’s insurance company, and it’s often best to let your attorney handle all communication to avoid saying something that could harm your claim.
If your claim is denied, your attorney can negotiate with the insurer, present additional evidence, or file a lawsuit to pursue the compensation you deserve.
If the at-fault driver’s insurance policy limits are insufficient to cover your damages, you can turn to your own underinsured motorist coverage or pursue the driver personally for the remaining damages.
Never accept a settlement offer without consulting an attorney. Insurance companies often make low offers to minimize payouts. An attorney can ensure you receive fair compensation.
This coverage protects you when the at-fault driver doesn’t have sufficient insurance or lacks insurance altogether. It compensates you for medical expenses, lost wages, and other damages.
About Legal Process
While not legally required, having a lawyer significantly improves your chances of receiving fair compensation, especially in Maryland, where the contributory negligence rule is strict.
In Maryland, the statute of limitations for personal injury cases is three years from the date of the accident.
If you miss the three-year deadline, you lose the right to file a lawsuit and recover damages.
Most cases are settled out of court. However, if a fair settlement isn’t reached, your attorney may recommend taking the case to trial.
Simple cases may settle in months, while complex cases involving litigation can take 1-3 years or more.
About Medical Treatment
Yes, some injuries, like whiplash or internal injuries, may not show symptoms immediately. Seeing a doctor ensures your injuries are documented for your claim.
Initially, you may use your health insurance or auto insurance’s Personal Injury Protection (PIP) coverage. The at-fault driver’s insurance should ultimately reimburse these costs.
You can choose your own doctor. It’s often better to see a physician you trust rather than one recommended by the insurance company.
Your attorney will include future medical expenses in your claim, using expert testimony to estimate costs.
About Lost Income and Employment
Yes, you can recover compensation for wages lost due to injury-related time off work.
You can seek damages for lost earning capacity, which compensates for the income you would have earned had you not been injured.
Lost earning capacity is calculated based on your age, education, experience, and the nature of your injuries, often with the help of economic and vocational experts.
About Legal Fees and Costs
Most personal injury lawyers work on a contingency fee basis, meaning you pay nothing upfront and only pay a percentage of your settlement or award if you win.
A contingency fee is typically 33-40% of your settlement or award. If your lawyer doesn’t win your case, you owe nothing.
No, with a contingency fee arrangement, you don’t pay legal fees if your lawyer doesn’t win.
About Evidence and Documentation
Evidence includes police reports, medical records, photos, witness statements, and proof of lost wages.
While not mandatory, a police report can provide critical evidence to support your case.
Take photos of your injuries and the accident scene, keep medical records, and maintain a journal of how your injuries affect your daily life.
About Pain and Suffering
Pain and suffering compensates for physical pain and emotional distress. Maryland uses a subjective evaluation, and damages may be capped depending on the case.
Yes, emotional distress is part of non-economic damages and can include anxiety, depression, or PTSD.
About Dealing with the At-Fault Party
Your attorney will gather evidence like police reports, witness statements, and accident reconstructions to counter false claims.
File a claim under your uninsured motorist coverage for compensation.
Yes, rideshare drivers are covered by special insurance policies that can provide compensation for injuries.
Miscellaneous
Call 911, get medical attention, gather evidence, call The Law Office of Caroline Norman Frost.