Have you been in a car accident in Maryland? If someone else was to blame, you may have grounds to pursue a lawsuit against them. Working with a car accident attorney can make navigating the litigation process less stressful and improve your chances of obtaining compensation.
What are Maryland’s Car Accident Laws?
Maryland’s car accident laws give injured victims the right to seek financial compensation from a driver or another party who causes a crash. Under the law, a party may bear liability for a collision resulting in injuries and losses if they caused the accident due to negligent or reckless actions like:
- Speeding
- Drunk driving
- Failing to yield the right of way
- Running red lightsDistracted driving
- Distracted driving
You only have limited time to take legal action after a car crash. Maryland law imposes a deadline on filing car accident lawsuits called the statute of limitations, which typically requires victims to file suit within three years of a crash.
What is the Difference Between an Auto Accident Lawsuit and a Car Accident Claim?
Most car accident cases are resolved through settlements with the at-fault party’s insurance company. In these situations, you or your attorney files a car accident claim demanding compensation for your losses.
In a car accident claim, the auto liability policy covering the at-fault driver will compensate accident victims up to the limits of that insurance policy.
A car accident lawsuit is another option for pursuing compensation against the responsible party. Car accident lawsuits are handled in civil court, with compensation paid to a victim from the at-fault party’s insurance coverage or financial assets.
When to Consider Filing a Lawsuit
It might be time to file a car accident lawsuit if an at-fault driver or their insurance company refuses to make a fair settlement offer. Doing so can reinforce the seriousness and strength of your claim to an opposing party, potentially motivating them to make a better offer. If negotiations stall, the lawsuit may proceed to trial.
The Litigation Process
A car accident lawsuit begins when you file a complaint with the court, which describes your claim, outlines your argument, and demands compensation from the other driver. The at-fault driver (if they reside in Maryland) has 30 days to file an answer, where they admit or dispute your complaint.
The next phase is discovery, where both sides exchange evidence and can assess the strength or weakness of the case. If your car accident case does not settle, it will proceed to trial, where a jury or judge will make a decision. Who decides your case depends on whether it goes to district court or circuit court.
Where Should I Bring My Car Accident Lawsuit?
Civil cases in Maryland proceed in district court or circuit court, depending on several factors.
A district court is Maryland’s lowest trial court. It covers various types of legal cases, including auto accident lawsuits with a value of up to $30,000. Unlike circuit court, there is no jury. A judge presides over the case and will render a decision. If you wish for your car accident lawsuit to be decided by a jury, you must ask for it to be transferred to the circuit court in your county.
District courts offer the advantage of potentially reaching a speedier resolution at a lower cost. However, the only mechanism for discovery in district court is a 15-question interrogatory, and your car accident lawyer has a short turnaround time to receive the information and make objections.
Circuit courts handle the state’s bigger civil cases and appeals from the district courts and certain other agencies. Circuit court proceedings allow for expanded discovery, which can strengthen your case but also increase the length of time it takes for a jury to reach a verdict.
At Trollinger Law LLC, our attorneys handle car accident cases in both district and circuit courts. We can advise you on where to bring your case after reviewing the facts.
Common Challenges in Car Accident Lawsuits
Injured victims may encounter various challenges as they pursue their car accident claims. For example, insurance companies are notorious for delaying or denying claims in the hope that vulnerable claimants will accept less than fair value for their injuries and losses.
Accident victims may also face complex legal issues if they share some responsibility for the crash. Maryland’s contributory negligence rule can bar financial recovery for any driver who bears even one percent of the fault for a motor vehicle accident. With such a narrow margin for error, seeking help from an experienced car accident lawyer is crucial.
How Trollinger Law LLC Can Help
If you suffered injuries in a traffic accident in Maryland, an attorney from Trollinger Law LLC can help you by:
- Investigating the crash
- Securing evidence for your case
- Identifying the liable party(s)
- Documenting your injuries and losses
- Evaluating your legal options
- Handling insurance claims, settlement negotiations, and court proceedings on your behalf
Ready to learn more? Contact Trollinger Law LLC today for a free consultation with a Maryland car accident lawyer.
