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Auto Accident Lawsuit Guide (2023)

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Posted: 27th February 2023 by
Lawyer Monthly
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Car accident victims should never fear pursuing a lawsuit against an at-fault driver in Maryland.

You have the right to be compensated for your losses and damages. A car accident lawyer will ensure that you are properly compensated for your injuries and that justice is served. Here is 2023’s auto accident lawsuit guide for Maryland drivers.

What To Do After an Accident

Firstly, what you do after a car accident in Maryland will be imperative for your case because this is when you should gather evidence and seek medical attention. When the accident occurs, stop your car and move it out of the way to not block the traffic if possible.

Check your injuries and if you can move without hurting yourself, see if the other passengers and drivers are ok. Call an ambulance or tell someone else to do it if you cannot move. If you can move and might help others, do so while speaking with an emergency operator on the phone so that they can guide you.

In some instances, moving someone might do more harm than good. Call the authorities even if the accident was minor. When the police arrive, they will secure the scene, but you should start writing down the contact information of eyewitnesses, including the ones that just arrived on the scene.

Don’t forget to write down the other driver’s contact information and plate numbers. Scan the area to see if there are surveillance cameras present. This might help you later as evidence, but remember that recordings are often erased, so you should act on this as soon as possible.

Take photos of the accident scene, your injuries, and the damage on both vehicles. When paramedics arrive, let them check you out. You might not feel some injuries due to your adrenaline rush, and the medics' report will also serve your case later.

Contact your insurance company to report the collision and then contact a personal injury lawyer for a consultation. Let the lawyer know every detail about your accident, including photos, medical reports, and witnesses, and don’t forget to mention the presence of surveillance cameras, if any were present.

Pursuing Compensation for Car Accident Claim

Your lawyer will begin their investigation and gather police reports, and medical reports, talk to witnesses, prepare them, or even collaborate with accident reconstruction experts to build you a strong case. 

It’s essential to let your lawyer know about your hardships while you recuperate, including any out-of-pocket expenses, lost wages, pain, and suffering. Communication is crucial because it will let your lawyer know what economic and non-economic damages they will try to win for you.

You won’t receive compensation only for your injuries, medical expenses, property damage, or lost wages. You will receive compensation for your non-economic damages as well, such as pain and suffering, PTSD, emotional anguish, loss of consortium, and more, depending on how your case is built and the circumstances revolving around it.

Your personal injury lawyer will negotiate with the at-fault party or insurance company to get you the highest compensation possible. If negotiations cannot be settled outside court, you can give the green light to your lawyer to initiate a lawsuit. You can pursue compensation by filing a claim against the at-fault driver, their insurance company, or your insurance policy if the other party isn’t insured and you want to pursue an uninsured motorist claim.

Determining Fault, Liability, and Negligence

Probably the most important thing in car accident claims in Maryland is proving fault. Now that may sound logical, but you have to consider that you can be rewarded for your damages in some states even if you share the blame.

Yet, this is not the case in Maryland. Due to Maryland’s contributory negligence system, you can be denied compensation even if you are 1% at fault for the accident. This is why working with a skilled lawyer is essential.

To prove fault, you need to showcase that the other party owed you a duty of care, which all drivers must do, breached that duty, what was the cause for that breach, the fact that you sustained injuries from it, and that you suffered further damages because of it. If you want to know more, contact a car accident attorney in Maryland for a consultation and decide which course to take and against whom you should file a claim.

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