When an individual decides to file a personal injury claim, one of the first things a person should do is hire an attorney. This is because there are many types of personal injuries and many laws that apply in different situations. An experienced attorney will be familiar with the different types of personal injury incidents from:
- Automobile Accidents
- Trains, Boats and Plane Accidents
- Medical Accidents (Surgeries, Misdiagnosis)
- Faulty Products (drugs, machinery, seatbelts etc.)
An experienced attorney will have a procedure they choose to follow once they take on a client’s claim. As soon as an attorney is contacted, they will advise their client not to contact or participate in any communications with the accused party’s attorney or insurance company. The reason for this is to avoid the insurance company or attorney from obtaining any information they may use against the client in court or during settlement negotiations. The attorney will investigate the accident and interview any witnesses and their client to avoid facing any unpleasant surprises during the trial. The attorney will also ensure that the claim is filed within its statute of limitations. This is the time frame in which a case is still valid and can be taken to court. The statute of limitations on a personal injury claim in the state of Maryland is 3 years. If a client plans to file a claim against the state government, an attorney should file a formal claim within a year from the date the incident occurs.
An attorney will study their client’s injuries, damages, and losses and estimate the amount of compensation the client should demand from the defendant. Compensation is awarded to cover losses such as:
- Medical Costs
- Physical Disability
- Mental Disability
- Property Damage
- Income Loss
- Pain & Suffering
- Loss of Enjoyment
- Emotional Distress
- Loss of Affection
Also, a lawyer in Maryland will attend any settlement negotiations along with or on the behalf of their client. During settlement negotiations, an attorney will try and obtain the best settlement for their client. If an attorney finds that the offer made by the defendant is decent, they may advise their client to accept the offer. however, if the attorney believes that a client is entitled to more, and will achieve this at court, s/he will advise their client to refuse the offer and go to trial instead.
Once the case is taken to trial, an attorney will argue before a judge that the defendant should be found guilty of causing the accident. To prove that the defendant is guilty, the attorney will need to prove full liability on the grounds of negligence. If the defendant claims that the plaintiff can also be held responsible for the accident, the attorney will have to contradict this claim by proving otherwise. This is because the state of Maryland recognizes a law known as ‘contributory negligence’ which states that if the plaintiff can also be held responsible for the occurrence of the incident, they will be forbidden from collecting any compensation for their losses.
If you need a Maryland Personal Injury Lawyer to help you with your Personal Injury case in Maryland, call us at 888-437-7747. Our Maryland Personal Injury Attorneys can help you. B