If an individual is exposed to injuries and believes there is a person/party that can be held liable, they may decide to file a personal injury claim. There are certain steps a person should take when filing a personal injury claim.
To start off, the most important thing a person should do immediately after an accident is taken care of themselves. This may be done by visiting a hospital or a chiropractor. Visiting a doctor is recommended to ensure that no internal damage was obtained. An individual should be aware that they may be contacted by the at-fault party’s insurance company. Extra care should be taken when dealing with insurance companies as they will try to sound like they are trying to help, their sole goal is to settle the case in the most inexpensive way possible. It is recommended that an individual refrain from conversing with any adjuster’s or insurance company representatives without a lawyer being present. Hiring an attorney is also very important for a personal injury claim. Personal injury cases have a wide range of types and laws which an experienced lawyer will be very familiar with. A lawyer in Maryland should be hired as soon as an individual decided to file a claim in order to prevent any documents or evidence from being lost or destroyed. Each personal injury claim has a statute of limitations. This is a time limit in which a claim is permissible in court. In Maryland, the time limit on most personal injury cases is within 3 years from the date the accident occurred. The statute of limitations for a personal injury claim to be filed against a Maryland state government agency is within 1 year from the date the accident occurred.
In Maryland, a settlement agreement may be reached before filing a claim. In a settlement agreement, the victim and the at-fault party agree on a compensation package and the victim signs a form that relieves the at-fault party from any liability and prevents the victim from filing a claim related to the accident. If no settlement is reached, a claim is filed to the court and the case is taken to trial. A claim consists of a complaint that establishes the court’s authority/jurisdiction to the claim, the foundation of the victim’s claim and the victim’s request for relief. Once a claim is filed in the court, it is served to the defendant. The defendant is given the option to respond to the claim or file a motion that opposes the claim. In Maryland, motions are usually filed to dismiss on the grounds of no jurisdiction or the plaintiff’s failure to state a claim. There will be a hearing held for either parties to argue for/against the motion to dismiss before a judge. If the judge rules in favor of the motion, the case is dismissed. However, if the judge rules in favor of the plaintiff’s claim, the defendant is required to file a response to the claim within a certain time period.
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.