The Timeline of a Maryland Car Accident Injury Case: From Accident to Resolution
After you file a car accident claim, it’s normal to wonder what happens next. While there isn’t a one-size-fits-all answer for every case, certain things happen in most car accident cases.
This article walks readers through the events of a typical Maryland car accident case. It also explains how a Laurel personal injury lawyer can help you through the process.
Step 1: The Aftermath of the Accident
There are three things you can do at the scene to help your accident claim.
First, collect information at the crash site. Exchange contact and insurance information with the other driver. If you can safely do so, take pictures and video. This information can help prove how the accident happened.
Second, seek medical treatment immediately. If you wait, the other driver’s insurance company will argue that your injuries are trivial, related to a preexisting condition, or nonexistent.
Finally, contact an attorney. Most insurance companies require you to report an accident within 48 hours of the crash. Shortly afterward, they may push you to give a written or recorded statement. They will use it to minimize your injuries or prove that you were at fault. In Maryland, being at fault will prevent you from getting compensation. Hiring a Laurel personal injury attorney will protect your claim.
Step 2: The Investigation
After you report the accident to your insurance company, they’ll open an investigation. The other driver’s insurance company will do the same. But both insurance companies have the same goal: keeping their money. Your Waldorf accident injury attorney can investigate it in a way that benefits you.
Step 3: The First Demand
Sometimes, insurance companies offer injured people money soon after the accident. However, these tend to be “low-ball” settlements that rarely take care of your past medical bills, much less your future care needs. Your lawyer can prevent this outcome by giving you a fair estimation of what your case is worth. They will consider factors such as:
- The strength of the evidence
- Any arguments regarding fault
- The severity of your injuries
- Your past and future medical costs
- Lost wages and earning capacity
Your lawyer will likely wait until you have reached maximum medical improvement (MMI) to make these calculations. MMI means that doctors do not expect your condition to progress further. At this point, lawyers can estimate what your past and future medical needs will be, as well as how the injury will affect your income.
Step 4: Negotiation
After you’ve reached MMI, your lawyer will send the other driver’s insurer a demand letter. This letter will outline the extent of your injuries and assign them a specific dollar amount. This letter starts the negotiation process. Once both parties agree on a number, the case will end.
Step 5: Filing a Lawsuit
If the insurance company won’t settle, your attorney will file a lawsuit. They will file a document called a complaint. The other driver will have an opportunity to respond by either answering your claims or seeking to have your case dismissed.
Step 6: Discovery
During discovery, each side in a lawsuit can request information from the other. For example, the other driver might request your medical records to look for a preexisting injury.
Step 7: Motions and Trial Preparation
After discovery, the other driver will likely make more attempts to dismiss your case. Meanwhile, your injury attorney will be preparing for trial by considering the evidence and the experts who can help.
Step 8: Mediation
Maryland’s rules of court allow judges to require mediation before trial. In mediation, a neutral party helps the parties reach a settlement.
Step 9: Trial
If settlement and mediation fail, the case will be scheduled for trial. This is rare, as 95% of personal injury cases settle before trial.
The first step at trial is selecting a jury. The jurors will listen to the evidence and testimony. Then, they will decide who is telling the truth and who was responsible for the accident. If they decide that the other driver was at fault, they’ll decide how much money your injuries are worth.
Step 10: After Trial
A trial is not necessarily the end of a personal injury case. After the verdict, the other driver can challenge the outcome at the trial court or a higher court.
How Long Will My Maryland Personal Injury Case Take?
There is no way to know for sure. Most experts say that the average personal injury case takes a little over two years to go from complaint to settlement or verdict. However, cases can land on either side of this average depending on their complexity.
Get Help Navigating Your Personal Injury Case
The personal injury process can be confusing, but an experienced accident attorney can help you figure out each step. If you’re looking for a Laurel personal injury attorney, consider the Law Offices of Thomas E. Pyles. Our team has decades of experience helping clients through a wide range of accidents and injuries. Schedule your free consultation today by calling 301-705-5006 or using our online contact form.