If you are in the DC Metro area, and you have been hit by a drunk driver, you may be able to get compensation for your losses, both the tangible and the intangible ones. A personal injury attorney can help you identify the losses you can seek compensation for.
What Compensation Can I Recover if I’m Hit by a Drunk Driver? Answers from a Personal Injury Attorney in Maryland
Economic Damages
Medical Expenses
Economic damages, or the tangible losses due to an incident, encompass all medical expenses related to the car accident: the cost of emergency care, hospital stays, doctor visits, surgeries, medication’s, rehabilitation, and any future medical needs related to your injuries from the accident.
Lost Income
You may also seek to be compensated for any wages or salary or other income lost due to having to take time off work or losing employment because of the injury. You may also be able to recover damages for future lost income, based on the estimates of medical professionals for how long you will be out of work. There is also the possibility of recovering for lost earning capacity, which is if your injuries affect your ability to work in the future.
Property Damage
If you have had property damage or loss due to the injury accident, you can ask to be compensated for repairing or replacing the property. This would encompass damage not only to your vehicle, but also to your property that was in or near your vehicle and damaged by the crash. If your car or property cannot be repaired, then you can seek compensation equivalent to the value of the item.
Other Expenses
Any other out-of-pocket expenses related to the crash can be included in economic damages. This would be costs such as home care services, hiring someone to take care of what you are unable to because of injury, or transportation to and from medical appointments.
Non-Economic Damages
Pain and Suffering
Pain and suffering is the most common form of non-economic damages, or intangible losses incurred by the injury. Pain and suffering encompasses the physical pain and discomfort you have experienced because of the injuries.
Emotional Distress
Emotional distress encompasses damages for the psychological impacts of the injury. This includes depression, anxiety, and PTSD that has resulted from the accident.
Loss of Enjoyment of Life
You may also be able to seek compensation for any diminished due to the injury in your ability to enjoy activities that you once enjoyed. Hobbies, sports, or daily life activities that you used to enjoy would be included in this category.
Punitive Damages
Punitive damages are awarded to the victim as a punishment for the drunk driver, if their actions that were especially reckless or egregious. Montgomery Count courts do not always award punitive damages but may do so if the driver acted with gross negligence or intent to cause harm. Punitive damages are intended to serve as a warning for the driver and others, to discourage similar behavior.
If you have been in an accident caused by a drunk driver, reach out to the law team at Lead Science Personal Injury in Derwood, MD for legal advice and help.
If you have been injured in a slip-and-fall accident in Derwood, MD, you may be able to claim compensation. To do this, you’ll need to prove negligence. The property owner may refuse to accept liability and instead claim that you were at fault. An experienced personal injury attorney can help you obtain evidence and prove that negligence occurred.
How Do I Prove Negligence in a Slip-and-Fall Case in Derwood, MD?
What Is Negligence?
To be able to claim compensation after a slip-and-fall accident in Maryland, you must prove the following:
- A duty of care existed to you
- The property owner breached the duty of care
- You suffered injuries
- Your injuries resulted from the failure in the duty of care
The first two elements are typically grouped together to establish negligence. These are the areas that are often the most contested in personal liability claims. Often, the property owner may claim that there was no failure in their duty of care or that you were negligent in failing to observe the conditions. Proving negligence of the property owner is therefore key to securing a settlement.
What Is the Duty of Care?
The Maryland Premises Liability Act requires property owners to exercise reasonable care to ensure that their property is safe for lawful visitors. The law does not explicitly state what this means or how it applies to different circumstances. However, generally, this requires the property owner to carry out regular inspections and either fix any problems or provide adequate warning.
A duty of care can only exist if the property owner was aware of the hazard, or crucially, if they should have been aware of the hazard. If a property owner should have anticipated a hazard but took no steps to prevent it or provide any warning, they will be treated as liable. Obvious hazards are more ambiguous legally, but the property owner is still required to provide a warning or take preventative action where possible.
Proving Negligence
Demonstrating a legal reason to be on the premises is the first requirement, which is normally quite easy to establish. Proving that the property owner breached their duty of care can be more challenging. Evidence that shows they were aware of the hazard, or that they should have been aware, can help to prove your claim. Examples of evidence might include:
- Photos showing the hazardous conditions
- Surveillance footage showing when the hazard was created
- Maintenance records showing the frequency of inspections
- Accident log showing previous injuries
- Prior complaints about the hazard
- Witness statements
- Proof of previous repair attempts
Get Advice From a Personal Injury Attorney
There are many possible defenses that a property owner may put forward to refute your claim, such as suggesting you were liable for your own accident. Maryland follows modified comparative negligence laws, which means your payout will be reduced by the proportion of liability assigned to you. It’s therefore essential to hire an experienced attorney who can ensure you get the compensation you’re entitled to.
With a proven record of securing compensation for our clients, we can help with any slip-and-fall claim. Contact us today at Lead Science Personal Injury in Derwood, MD to schedule a free consultation.
Even the safest of drivers can be in a car crash. According to the Maryland Department of Transportation, there were 101,023 motor vehicle accidents in Derwood, MD during 2023. If you plan to seek compensation for losses suffered after a car crash in Maryland, it’s important to contact a personal injury lawyer right away.. The Maryland statute of limitation laws only give you so much time to file before you lose your legal rights to file a personal injury claim.
Ask a Personal Injury Lawyer: What Are Statutes of Limitations?
The statute of limitations for car crash lawsuits refers to how much time you have to file a claim against the other at-fault party. Once that time expires, you no longer have any legal right or recourse pursue financial compensation for losses you suffered in the crash, including personal injury and property damage.
In Maryland, the statute of limitations law includes several different aspects. The actual amount of time you have to file a lawsuit in court depends on specific factors, including the type of losses you suffered, the cause of the car crash, and how much each driver was at fault. Maryland is a comparative negligence state, so the court assigns each party a percentage of fault for their part in causing the accident.
Personal Injury Negligence Claims: Two Years
Maryland’s comparative negligence laws only allow drivers considered to be under 50% at fault for causing a car crash to file a claim for injuries or other losses. The statute of limitations in Maryland for a personal injury claim lawsuit in a car crash is only two years. After those two years, you no longer have the legal right to pursue a claim.
Wrongful Death Claims: Two Years
If you control the estate of someone who was fatally injured in a motor vehicle crash, there’s still a statute of limitations for filing a lawsuit. The deadline for filing is two years from the date of the crash, just like a negligence claim.
Property Damage Claims: Five Years
Lawsuits for property damage after a car crash have a longer statute of limitations than personal injury losses. For claims that only include compensation for damaged property, the deadline is five years instead of two.
What Are the Exceptions to the Statute of Limitations Deadlines in Maryland?
While most personal injury lawsuits have a two-year deadline for filing a claim, there are certain exceptions. In Maryland, the statute of limitations time limit may extend in cases where:
- The accident involved a government vehicle
- A minor victim was involved
- The claimant has a mental or physical incapacitation
- The defendant has left Maryland or unavailable
- The injury suffered had delayed symptoms
- Of course, every case is different. However, most personal injury cases in Maryland have a two-year limitation for filing a lawsuit. At the Lead Science Personal Injury, we provide devoted and skilled legal counsel for our clients in Derwood, who’ve suffered injuries after a car crash. Call the Lead Science Personal Injury in Derwood, MD now to schedule a case consultation with our firm.
Have you been injured in an accident that was the fault of someone else? You may have grounds to file a personal injury lawsuit, if you are within the legal timeframe for filing. Consult with a personal injury lawyer in Maryland for advice on when is the best time to file.
How Long Do I Have to File a Personal Injury Lawsuit in Maryland?
The statute of limitations is the legal term for the time period within which a legal action, such as filing a lawsuit, must happen. In Maryland , the statute of limitations for filing a personal injury lawsuit is two years from the day the accident happened.
The reason for a time limit is to make sure a lawsuit is conducted fairly; evidence disappears or becomes compromised as time passes and witnesses’ memories fade or becomes confused. A personal injury lawsuit filed after the two-year period will be dismissed, unless there is a legally valid exception.
Some Exceptions to the Two-Year Rule
Cases Involving Government Entities
If your personal injury case involves a government entity, you generally must file a notice of claim with the appropriate government agency before you can file a lawsuit. A notice of claim is informing the agency that you intend to file a lawsuit. In Maryland, you usually have one year from the date of the incident to file a notice of claim. You then have one year from when you file the notice of claim to file the lawsuit.
Cases Involving Minors
If the injury happened to a minor, then the statute of limitations will not begin until the child reaches their 18th birthday. They then have two years from the date of their 18th birthday to file a lawsuit, if they wish.
Tolling for Disability
If the plaintiff is mentally incapacitated by the injury, then the statute of limitations is tolled, or paused, while they are not mentally capable of handling their legal affairs. This can happen, for example, if the victim is in a coma due to the injury or suffers a mental health condition as a result. Once they regain their mental capacity, they have two years from that point to file a lawsuit.
The Discovery Rule
The discovery rule means that the statute of limitations begins from the date when the injury was discovered (or should have been discovered under reasonable circumstances). This may happen, for example, in cases of medical malpractice where the victim was not immediately aware of the injury, or in cases involving exposure to toxic substances which caused delayed symptoms. The discovery rule is also often applied in cases involving fraudulent concealment of injury or injury due to a defective product where the defect was not immediately apparent.
Consult a Personal Injury Lawyer in Maryland
If you have any questions or concerns about whether to file or when, the best thing is to consult a lawyer who knows the field of personal injury law. No two personal injury lawsuits are the same; an experienced lawyer will be able to listen to the details of your situation and advise you as to the best course of action.
If you need advice or assistance in filing a personal injury lawsuit, reach out to Lead Science Personal Injury in Derwood, MD.
When you experience a personal injury caused by another’s negligence, there are some important steps to take to your rights. Knowing about these steps in advance can be helpful if this situation should ever happen to you, and a personal injury lawyer at Lead Science Personal Injury in Derwood can help you with many of them.
If you’re facing an injury due to negligence in Derwood contact our team of experienced lawyers at 847-644-5782 or fill out our quick contact form to start your consultation.
3 Steps to Take After Experiencing an Injury Due to Negligence
1. Get Medical Help
Don’t let anyone convince you to delay getting medical help. It’s very important that you be seen by a doctor, not only to protect your health, but also because the medical records will be essential in bringing a personal injury lawsuit if that becomes necessary. There are several types of injuries that don’t show many symptoms initially, and often adrenaline can mask pain and make us think that we’re not injured as badly as we really are.
Go to see a doctor as soon as possible after the accident: if it’s an emergency, go immediately before following any of the steps below. If it’s not immediately urgent, go as soon as you have gotten evidence and have filed a report. The longer you delay, the easier it becomes to argue that your injuries are not actually related to the accident.
2. Gather Evidence and File a Report
The best evidence to gather at this point is photographic or video evidence and witness contacts. If you’re taking pictures, be sure to take pictures of the entire scene from multiple angles. Get close-up shot shots as well as panoramic shots and be sure to get details of things like car license plates or hazards that may have contributed to the accident.
Check around to see if there is security camera or traffic camera video, and if there is, be sure to talk to your lawyer immediately about having them secure it. If there were any witnesses to the accident, approach them politely and ask if they would be willing to testify about what they saw. If so, get their contact information to pass on to your lawyer. Then, file a report with the appropriate authorities, whether that’s the police after a traffic accident or with your company at work.
3. Contact a Personal Injury Lawyer in Derwood
The next step is to get a lawyer on your side. You want a lawyer who is experienced specifically in personal injury law and works here in Derwood and thus knows the local courts as well as the insurance companies that most commonly provide coverage in our city and state. A personal injury lawyer will investigate the accident on your behalf, be the go-between between you and insurance companies, negotiate for you, and, if necessary, even take your case to court.
Rest assured that a good personal injury lawyer will offer an initial consultation and will tell you the truth about whether you have a case or not.
For your consultation, contact the Lead Science Personal Injury to start your consultation.
If you’ve suffered personal injuries, you may be wondering what, if anything, you may be eligible for in compensation. In Maryland, compensation is based on a number of different factors depending on the situation, and amounts can vary. At Lead Science Personal Injury in Derwood, MD a consultation with one of our experienced injury lawyers can give you the answers you need to proceed.
How Is Compensation Calculated for Personal Injuries in Maryland?
There is no officially binding formula used to calculate compensation for personal injuries in Maryland in the way that there is for things like determining child support. Compensation for personal injuries is calculated based on several factors that aim to address both the tangible and intangible losses suffered by the injured party. However, the compensation amount offered by an insurance adjuster is often arrived at via something called the “damages and compensation formula.”
The Damages and Compensation Formula
Compensation offers have to start from somewhere, and while some of your losses are easy to calculate, others are not. An insurance adjuster will often begin by adding up your total medical expenses resulting from the injury. This amount will then be used to calculate how much to compensate you for the other, less tangible losses you have suffered.
The insurer will multiply the initial amount by somewhere between one and a half and three times for more minor injuries, and as much as five times for more serious injuries. After this calculation, they will add on the amount of any income you have lost as a result of your injury, and the amount of damage caused to your property in the accident. This total can then be used as the starting point in any compensation negotiations.
Damage Caps
There is no legal cap on the amount of damages that can be recovered in a personal injury case, unless you are suing the government. In a claim against the state government of Maryland or against a local government entity, the maximum amount that may be awarded is $2 million, unless the injury is caused by a state employee driving a state-owned vehicle.
However, in some cases your damages may be reduced. For example, if you are partially at fault for your injury, even up to 50% responsible, your award will be reduced by your degree of fault.
Why You Should Consult a Lead Science Personal Injury Lawyer in Derwood, MD
Insurance companies will not usually tell you how exactly they arrived at their initial offer of compensation, and anyway, it is only a starting point. The first offer from an insurance adjuster may seem low, but with one of our skilled lawyers on your side you don’t need to worry. Though a formula may give an idea of how much a compensation claim should be, there are many ways in which an experienced attorney can negotiate it upwards.
To ensure you receive fair compensation, call in to our team of skilled attorneys and we will fight for a satisfactory outcome for your personal injury case in the courtroom and at the negotiating table.
When you experience a personal injury caused by another’s negligence, there are some important steps to take to your rights. Knowing about these steps in advance can be helpful if this situation should ever happen to you and a Lead Science Personal Injury lawyers in Derwood can help you with many of them.
1. Get Medical Help After your Personal Injury in Derwood
Don’t let anyone convince you to delay getting medical help. It’s very important that you be seen by a doctor, not only to protect your health, but also because the medical records will be essential in bringing a personal injury lawsuit if that becomes necessary. There are several types of injuries that don’t show many symptoms initially, and often adrenaline can mask pain and make us think that we’re not injured as badly as we really are.
Go to see a doctor as soon as possible after the accident: if it’s an emergency, go immediately before following any of the steps below. If it’s not immediately urgent, go as soon as you have gotten evidence and filed a report. The longer you delay, the easier it becomes to argue that your injuries are not actually related to the accident.
2. Gather Evidence and File a Report
The best evidence to gather at this point is photographic or video evidence and witness contacts. If you’re taking pictures, be sure to take pictures of the entire scene from multiple angles. Get close-up shot shots as well as panoramic shots and be sure to get details of things like car license plates or hazards that may have contributed to the accident.
Check around to see if there is security camera or traffic camera video, and if there is, be sure to talk to your lawyer immediately about having them secure it. If there were any witnesses to the accident, approach them politely and ask if they would be willing to testify about what they saw. If so, get their contact information to pass on to your lawyer. Then, file a report with the appropriate authorities, whether that’s the police after a traffic accident or with your company at work.
3. Contact a Lead Science Personal Injury Lawyer in Derwood, MD
The next step is to get a lawyer on your side. You want a lawyer who is experienced specifically in personal injury law and works here in Derwood and thus knows the local courts as well as the insurance companies that most commonly provide coverage in our city and state. Our personal injury lawyers will investigate the accident on your behalf, be the go-between between you and insurance companies, negotiate for you, and, if necessary, even take your case to court.
Rest assured that Lead Science Personal Injury will offer a free initial consultation and will tell you the truth about whether you have a case or not.
For your free consultation call us and we will help you talk with an experienced local lawyer from our team .
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