Car Accident Guide: What Maryland Accident Victims Need to Know
Being involved in a crash is never easy. The stress alone can be too much for some accident victims to handle. However, if you are involved in a crash, it is very important for you to know what your legal rights and options are. Below, we provide information to help you deal with the situation as best as possible without potentially jeopardizing any potential claim you may have.
Steps to Take Immediately Following a Crash
Although the moments following a car crash are incredibly chaotic, the actions you take after the accident will determine the success of your injury claim. Here are five common steps you should always take:
#1. Get Help—Contact the Authorities
Always call the police after any accident, even if you think it’s just a minor fender-bender. Obtaining an official police report is critical evidence in most claims, as it will document what happened, who was involved, and any clear evidence of who was at fault.
#2. Seek Medical Attention, Even if You Don’t Think You Need It
Your health and well-being are of utmost importance. That said, you are encouraged to go to the nearest emergency room or healthcare facility after the crash, even if you do not think you are hurt. Shock and adrenaline can cover injury symptoms, and many significant issues, such as concussions, internal bleeding, and soft-tissue injuries, will not reveal themselves for hours or sometimes days after an accident. A visit to the hospital will also help ensure your injuries are officially documented and properly connected to the crash.
#3. Gather Evidence at the Accident Scene
If you can, take a picture of the accident scene, including all vehicles involved, any skid marks on the road, area conditions, and any visible injuries. Be sure to obtain the other driver’s insurance and contact information of any potential witnesses.
#4. Never Discuss or Admit Fault
For most people, our first instinct is to say “sorry” after anything that causes harm to anyone. However, avoid apologizing or saying anything at the scene that could be taken as an admission of fault or guilt. Keep all conversations at the scene to a minimum, and discuss only what is necessary.
#5. Reach Out to a Waldorf Car Accident Lawyer Right Away
Contact a lawyer right away. They can help you with the insurance companies, preserve evidence, and help you avoid some of the common mistakes accident victims make that ultimately jeopardize the success of their claims.
The Most Common Injuries Victims Suffer
Car accident injuries can be mild or catastrophic, even in relatively low-speed crashes. Some of the most common injuries that victims suffer include:
- Whiplash and soft-tissue injuries
- Back and spinal injuries
- Traumatic brain injuries
- Broken bones and fractures
- Internal organ damage
- Shoulder and knee injuries
- Emotional distress and PTSD
Injuries often get worse before they get better, especially if accident victims try to “tough it out” or believe they will get better on their own. Insurance companies will use any breaks in treatment as a reason to shortchange victims, which is why medical treatment and honest, ongoing reporting of symptoms are so important.
Dealing With Insurance Companies in Maryland
Victims often make the mistake of turning directly to the insurance company of the driver who hit them after a crash. But the insurance company’s number one goal is to pay you as little as possible.
Most insurance adjusters are pleasant at first, acting as if they are on your side. Their goal, however, is to catch victims off guard and get recorded statements that will later be used to reduce the value of your claim.
Things to keep in mind:
- Do not give a recorded statement. You have no obligation to provide a recorded statement to the other driver’s insurance company. They will listen closely for inconsistencies or statements that could later be used to blame you for the accident.
- Do not accept the first offer. Insurance companies will often attempt to shortchange victims from the start. They know victims are often stressed, injured, and out of work, so they will try to pressure a settlement that is far less than your claim is actually worth.
- Do not sign a medical release. Most insurance companies will also attempt to get you to sign broad medical releases as part of their settlement offer. These allow the insurance company to dig through your entire medical history in search of unrelated or older injuries to blame.
If you can remain calm and not make these three mistakes, you should be fine. An experienced Waldorf accident lawyer will know all the tricks insurers use and will handle insurance communication for you.
Economic vs. Non-Economic Damages
Maryland accident victims are generally entitled to two types of damages:
Economic Damages
Economic damages are quantifiable and calculable and include the following:
- Medical expenses
- Lost wages and loss of future earning capacity
- Property damage
- Rehabilitation and therapy costs
- Prescription medications
- Transportation costs to and from doctors’ appointments
Non-Economic Damages
Non-economic damages compensate victims for their physical and emotional injuries from the accident and can include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent scarring or disfigurement
- Loss of consortium
Maryland caps non-economic damages for personal injury and wrongful death claims. Your attorney can help you calculate what economic and non-economic damages you are entitled to and ensure that nothing is overlooked.
Why Medical Documentation Is Everything
Insurance companies and juries in Maryland care only about medical records in car accident injury cases. Your medical records are what will prove that your injuries are real and are tied to the accident. Maryland juries and insurance adjusters will pay close attention to:
- Diagnoses and imaging results (x-rays, MRIs, CT scans, etc.)
- Follow-up doctor visits
- Treatment plans
- Referrals to specialists
- Reports of pain and symptoms
- Limitations or restrictions placed on you by your doctors
If you skip doctor’s appointments or fail to follow treatment recommendations, the insurance company will use that as proof that your injuries are exaggerated or not related to the accident.
The key is consistent, honest treatment, reporting of symptoms, and documentation of any daily activities that you can no longer do because of the accident.
How Long Maryland Car Accident Claims Take
There is no “average” time for car accident cases to settle. Simple claims can sometimes settle in a few months, while more complex ones that have to go to trial can take a year or more. Factors that determine the timeline for a claim include:
- Severity of injuries
- Whether long-term or permanent injuries are likely
- Whether the fault is disputed
- Insurance company’s willingness to cooperate
- Whether expert testimony is needed
- Court availability (if the case goes to court)
A good car accident attorney will not settle your case too early, especially if you are still undergoing medical treatment. Settling before the full extent of injuries is known can leave you without resources to pay for future medical care.
When a Case Goes to Court
Many Maryland accident injury cases settle without having to go to trial. But when the fault is in dispute or if there is a high value to the claim, sometimes a lawsuit is necessary.
Litigation can include:
- Filing formal legal complaints
- Exchange of discovery requests
- Witness depositions
- Independent medical examinations
- Mediation
- Trial preparation
- Jury trial
Even if your case has to go to trial, it still has a good chance of settling before going before a jury. But every case needs to be prepared as if it will go to trial, which can often result in stronger settlements.
The Use of Experts in Maryland Car Accident Cases
Some cases will require the use of experts, including:
- Accident reconstruction experts to recreate how the crash happened
- Medical experts to testify about injuries and treatment
- Vocational experts will determine how injuries affect a victim’s ability to work
- Economic experts project future financial losses
Your attorney will know which experts are needed in your case and can coordinate their involvement to help strengthen your claim.
Should You Post About the Accident on Social Media?
Insurance companies now routinely scour social media for reasons to deny or devalue car accident injury claims. Innocent posts or photos on social media can be taken out of context to make you look like you are not as injured as you claim.
Until your case is settled, you should never post about the accident, keep all social media accounts private, decline friend requests from strangers, and ask your friends not to tag you in any posts or photos.
How a Waldorf Car Accident Attorney Can Help
Maryland accident victims often feel overwhelmed and under attack by insurance companies. Accident attorneys are there to level the playing field by:
- Investigating the crash
- Preserving and collecting evidence
- Protecting you from contributory negligence
- Handling insurance communication
- Negotiating with the insurance companies for fair compensation
- Coordinating expert witnesses
- Managing medical bills and liens
- Preparing the case for trial, if needed
The goal is always the same: to help you get the maximum recovery possible and give you the space and time to focus on healing.
Speak to a Car Accident Lawyer as Soon as Possible After Your Crash
A car accident can upend every aspect of your life. Physically, emotionally, and financially, accidents can make you feel like you are on your own. But you do not have to fight this battle alone. The right guidance can make all the difference between a denied claim and compensation that can help you rebuild your life.
If you’ve been injured in a car accident, contact our office immediately for assistance.