Personal Injury Lawsuit Timeline in Maryland
You may be entitled to personal injury compensation if you suffered an injury due to someone else’s negligent or wrongful actions. Many injury claims get resolved with an insurance settlement, but sometimes, victims must take legal action to secure the full and fair compensation they deserve.
While every case is different, the Maryland personal injury lawsuit process usually involves several steps. It’s wise to get started promptly so you have ample time to build your claim before the state’s three-year statute of limitations for a personal injury case expires. Here’s what you need to do:
Initial Consultation With a Personal Injury Lawyer
Most personal injury attorneys provide a free initial case review to potential clients. During this meeting, the lawyer will review the facts of your case and offer legal advice. They’ll ask about:
- The date, time, and location of the accident
- Your account of the events that caused your injury
- The names and contact information of any eyewitnesses
- Information about your injuries and financial losses
If you have copies of the police report or your medical records, bring them to the consultation. If not, your personal injury lawyer can obtain this documentation later.
Case Investigation
Once you hire an attorney, they will begin an independent investigation into your case. You need persuasive evidence to build a strong personal injury claim. In Maryland, the person bringing a claim for their injuries is called the plaintiff, and in court, they have the burden of proving their injuries to a judge or jury.
Depending on the type of accident that caused your injury, potential sources of evidence may include:
- Photographs and video of the accident scene
- Physical evidence and debris
- Eyewitness statements
- Cell phone records
- Traffic camera or dashcam footage
- Testimony from accident reconstruction experts, medical professionals, and other relevant experts
- Proof of your financial losses
Once your lawyer has investigated the facts of the case, they can determine the appropriate value of your personal injury claim.
Filing the Personal Injury Lawsuit
If you were injured and required medical care, pursuing an insurance claim is an option for your case, and your lawyer can attempt to secure a fair settlement with the insurance company. Our attorneys at Trollinger Law LLC have found that it has become increasingly necessary, even when the circumstances surrounding the collision are not in dispute, to file a lawsuit. This is because insurance companies are offering far less than what is considered fair and reasonable to an injury victim.
If your attorney is experienced in personal injury law in the location where the lawsuit would be filed, they can assess whether the offer is reasonable. If it is not, the lawsuit must be filed against the negligent party or parties.
Some injury victims feel bad for filing a lawsuit in a negligence case, thinking they don’t want the person who caused the injuries to have to go to trial or pay a settlement. The insurance company, however, is often the one deciding whether or not a case must be filed by treating the injured party unfairly. The insurance company will provide an attorney to the negligent party and will pay any verdict that is within the limits of the policy of the person who caused the injuries.
It’s crucial to remember the Maryland law on the statute of limitations. If you do not file suit within three years of the accident date, the court will dismiss your case, and you will lose your right to seek compensation for your injuries.
Mediation and Negotiation
Just because you file a lawsuit doesn’t mean your case will go to trial. Your personal injury attorney will continue to try to resolve your legal issue via mediation and negotiations. During this stage, they will aggressively seek the maximum compensation possible.
Trial Preparation
Engaging in pre-trial negotiations does not mean your lawyer will back down from taking your case before a judge or jury if needed. They will always prepare your case for the possibility of going to court.
Part of this process is the discovery phase, in which the attorneys for both sides exchange evidence and information. In Maryland, if it is in circuit court, this will most likely involve depositions and expert testimony for trial.
Trial, Verdict, Settlement, and Compensation
During a trial, your lawyer’s job is to protect you and your rights. Their primary objective is to secure compensation for losses stemming from the accident, such as:
- Medical bills
- Lost wages, earnings, and employment benefits
- Lost future earnings and reduced earning capacity
- Household services
- Pain and suffering
Unfortunately, there’s no exact timeline for how long your personal injury case will take to conclude. It depends on a range of factors, including whether your case settles before going to court, how long trial preparation takes, and whether the case can be resolved during mediation.
Trollinger Law LLC brings significant trial experience and a hands-on approach to personal injury lawsuits. We only handle personal injury and workers’ compensation cases and understand what you are going through. Our attorneys will advocate for your best interests and demand total and fair compensation for your losses at every stage of the process.
Contact Trollinger Law LLC for Legal Assistance
The personal injury process can be complex, but having experienced legal representation can make everything go smoother. Let our law firm make it easier on you and your family by relieving your legal burden. Contact us today for a free case evaluation with our trusted personal injury attorneys.
