How to Navigate a Personal Injury Claim: Essential Tips for Success

Unintentional injuries are the third leading cause of death in the US, according to 2023 CDC statistics. This unintentional injury death toll rises considerably each year. What’s even more alarming is the number of personal injury claims filed.

Guiding yourself through a personal injury claim can be an extra burden for those affected. If you are looking for a smoother process you must understand all the hurdles involved. This knowledge can also improve your chances of securing compensation.

Let’s break down the laws, relevant challenges, and a few tips that can help you along the way. 

How are Personal Injury Claims Calculated?

Wondering how damages for personal injury claims are calculated? These claims are usually split up into general damages and special damages.

General damages aim to compensate victims for the physical and emotional pain and suffering they have undergone. These vary widely depending on the specific nature of your injury (type and extent).

Special damages might also be awarded which compensate victims for the financial loss they have suffered, if any.

Compensation amount calculations depend heavily on the circumstances surrounding your accident. They can increase or decrease depending on the impact of the accident on your life. An experienced lawyer can ensure your payout considers every loss you have suffered as well as issues you may encounter in the future. 

Maryland Personal Injury Laws

Maryland is one of the few states that follow the strict contributory negligence rule. Loosely translated, this means that if the injured party is even 1% at fault, they might not qualify for any compensation. All the more reason to have an experienced lawyer by your side!

Furthermore, the state of Maryland requires all personal injury lawsuits to be filed within 3 years from the date of injury. If you miss this deadline, you forfeit your right to sue. You must also be aware of quite a few damage caps that might limit your compensation.

Personal Injury Law: Myths vs Facts

Before we move on, let’s debunk a few myths that often hold people back from filing a claim or hurt their case. 

• “Only severe injuries qualify.”

False. Injuries as minor as whiplash or a broken finger can qualify for compensation if they’ve resulted from negligence.

• “Lawyers are too expensive.”

People often think personal injury lawyers are going to cost them far more than the compensation they’d receive. That’s not true at all. There is no shortage of expert personal injury lawyers in Maryland that cater to all kinds of budgets. Plus, quite a lot of lawyers work on a contingency basis, which means you only pay if you win!

• “I can file the claim any time I want.”

Not true. As discussed earlier, you only have a limited time (three years) to file the claim before you lose the right. We recommend you file as soon as possible. That makes it much easier for your lawyer to maintain a trail of medical records as well as expenses.

• “My insurance is enough to cover it all.”

Think again. Insurance companies are known to undervalue claims. Even if you have a strong case, you will still need to fight for that claim. Why not file a lawsuit if you qualify?

Steps to Follow Right After a Personal Injury

Are you wondering, “how do I find a personal injury lawyer near me and how do I file the claim?” Let’s walk through it together.

It all starts at the site of the incident. It is important to document everything. Take photos if you can, of injuries, the damage, and any evidence that might strengthen your case. Ask witnesses nearby if you can collect their contact information and reach out later.

Gather all the medical documentation necessary. You can also do this once you hire a lawyer. However, it is best to start on your own. Collect all reports, bills, and take pictures if necessary. The sooner you can get this to your lawyer the better.

Keep a record of all expenses and related losses. Maintaining this trail will allow you to get the compensation you deserve once you file the claim.

Meeting the Lawyer

Begin by understanding your case as well as your claim. Build it up on your own as best as you can since you will need to explain it to your lawyer anyways. Evaluate the strength of your evidence (eyewitness records, testimonies, evidence). You should ideally lay it all out in front of your lawyer at this point so they can assess it as well as file the claim on time.

Stay in touch with your lawyer. Be as open as you can about the events that unfolded before, during, and after the accident as well as the possible effects the injury will have on your future. Ask them all the questions you need answered. This back and forth will allow your lawyer to determine who is at fault.

This discussion will also involve a general conversation regarding the coverage. The aim is to get everything compensated, including the medical bills, wages lost due to time off work, damage to property, physical and mental suffering, and so on. You can prepare an extensive list with your attorney. You might need to document the following;

• The extent of your injuries and how they impact you in the present.
• Detailed records of property damage and resultant repair costs.
• Medical records and bills.
• Time taken off work and loss of wages.
• The future effect of the injuries and any probable future wages lost.

Final Steps

The final steps involve filing the claim by choosing the correct jurisdiction. This is where your lawyer comes in handy as they can guide you through the entire process of filling out the correct forms and submitting them on time.

All that’s left to do now is serving the summons and complaint on the defendant. This gives notice to the other party and allows them to start negotiations or move towards court proceedings.

With an experienced lawyer, you don’t need to worry about all the complications. You can relax as they take over the procedures and get you the claim you deserve!