Before you can receive compensation for the injuries and damages caused from an auto accident, it must first be determined who was at fault. If you believe that the other person was at fault and that the accident occurred as a result of negligence, you may be able to receive compensation. Here are the elements of an auto accident claim in Maryland to help you better prepare.
The first element of an auto accident claim in Maryland is liability which basically means who caused the accident. An auto accident claim is typically always a negligence claim, so you have to prove that the other driver acted carelessly. This includes things like speeding, not paying attention, following too closely, and unsafely changing lanes, to name a few. When bringing on an auto accident claim, make sure you document everything, take pictures, get a copy of the accident report, and get as many witness statements as you can.
Maryland is one of only four states with the contributory negligence rule. This means that if you contributed to the accident in any way at all, you have no claim and won’t receive compensation. Even the smallest act of negligence on your part can invalidate your claim, so you have to prove that the other driver was 100% liable.
- Property Damage: This is the damage to the car itself. If the cost of repairs is higher than what the vehicle is worth, the person at fault has to pay you the amount that your vehicle is worth. The person at fault is also responsible for providing you with a rental car while your car is being fixed or until they compensate you for a totaled vehicle.
- Personal Injuries: These are the injuries that you suffered as a result of the accident. This includes compensation for all the medical bills you accumulated to treat any injuries and any loss of income due to missed work days. Maryland law also requires that you be compensated for non-economic losses such as physical pain, mental distress, inconveniences, and any damages to relationships.
In order to receive proper compensation for all these damages, you have to prove that the auto accident directly caused them. The opposing side will try to argue that it was something else that caused the damages such as a previous accident or just the normal aging process for the non-economic ones. Expert testimony from your doctor helps to prove your claims.
Have You Or A Loved One Suffered Injuries As A Result Of An Auto Accident? Call The Snyder Law Group Today
The Snyder Law Group, LLC, proudly represents clients throughout Maryland and Washington, D.C. Our experienced Baltimore attorneys understand the frustration that comes with an insurance company, medical professional, or other party that refuses to accept liability for negligent or reckless behavior. You can take heart in knowing there are talented and experienced lawyers ready to work for you. We are experienced in handling personal injury claims of medical malpractice or injury resulting from serious car and truck accidents and have secured hundreds of millions in verdicts settlements*. Please visit our website, www.410thefirm.com, for more information and follow us on Facebook, Twitter, Google +, and LinkedIn.