Car accidents are scary and often leave people with physical injuries, emotional trauma and financial burdens. The circumstances surrounding the crash determine whether you qualify for a personal injury claim and can file to receive compensation.
According to Zero Deaths Maryland, the state has a five-year average of nearly 30,000 car accidents on record that include a personal injury claim. There are specific criteria to consider if you believe you may have a valid personal injury case.
Fault and negligence
To pursue a personal injury case, you must establish that the other party was at fault and negligent. Negligence means the responsible party failed to exercise reasonable care, resulting in the accident.
You must have sustained injuries in the accident to qualify for a personal injury case. These injuries can range from very minor cuts and bruises to conditions that are more severe, like broken bones, whiplash or even life-altering injuries. The severity of your injuries plays a major role in determining the viability of your case.
It is not enough to show that you received an injury in a car crash and the other party was negligent. You must establish a direct link between their negligence and your injuries. This means proving that the accident directly caused your injuries and subsequent damages.
Statute of limitations
Timing is important when considering a personal injury case. You have a limited window within which to file your claim. The statute of limitations typically gives you three years from the date of the accident to take legal action. Failing to file within this time frame can jeopardize your case.
Maryland operates under a system known as “at-fault” insurance. This means that the at-fault driver’s insurance is generally responsible for covering the injured party’s damages. However, insurance coverage varies, and you must determine whether the responsible party has adequate coverage to compensate you for your injuries.
If you receive an injury in a car accident in Maryland, your case may qualify as a personal injury claim. Understanding the criteria for a personal injury claim helps you know when to seek compensation for your injuries.