Compensation for Damages After a Car Accident
The repercussions of a car accident can be far-reaching, affecting not just your physical well-being but also your financial and emotional health. At the Law Office of Robert Castro, our Waldorf personal injury lawyers aid those who have been injured in car accidents in Waldorf, Maryland. This article aims to guide you through the complexities surrounding compensation in car accidents, detailing what damages may be recoverable.
Types of Compensation for Car Accident Damages
In legal parlance, damages refer to the financial compensation awarded to victims to make them whole again after a car accident. Compensation can span from covering immediate medical expenses to providing for long-term rehabilitation and pain and suffering. Here are the different types of compensation that may be available to you.
A car accident often results in time away from work due to injuries sustained or recovery periods. This loss of income is a recoverable damage under Maryland law. Claimants can pursue both past and future lost wages, substantiated by employment records and often backed by expert testimony.
The burden of medical bills is the most immediate concern post-accident. A compensation claim can cover doctor visits, medication, physical therapy, surgeries, and even future medical treatments. The inclusion of future medical expenses is particularly significant when injuries are severe enough to require ongoing medical attention.
The non-economic cost of an accident, known as pain and suffering, is also compensable. Maryland law allows victims to claim damages for emotional distress, loss of life enjoyment, and mental anguish. These are often calculated as a multiple of the medical expenses and require rigorous documentation, including psychological evaluations.
4. Loss of Consortium
Loss of consortium pertains to the deprivation of the benefits of a family relationship due to injuries. In Maryland, spouses may be entitled to compensation for the loss of companionship, care, or affection if their partner has been seriously injured in a car accident.
In the unfortunate circumstance of a fatality resulting from a car accident, a wrongful death claim may be pursued by surviving family members. Such claims can offer compensation for funeral expenses, loss of income, and emotional distress suffered by the family.
6. Property Damage
Last but not least, property damage entails compensation for repairs to or the total loss of your vehicle and other personal items damaged in the accident. The aim is to restore you to the financial condition you were in before the accident.
Keep in mind that if you are involved in a car accident in Maryland, and are seeking compensation, understanding contributory negligence is crucial. Let’s say you were speeding slightly at the time of the accident, even if the other driver was primarily at fault for running a red light. According to Maryland’s contributory negligence law, you may be barred from receiving any compensation because you share a small portion of the blame.
Maryland’s Statute of Limitations for Car Accident Compensation Claims
Under the Code of Maryland § 5-101, individuals have 3 years from the date of the accident to file a lawsuit for personal injury claims. For property damage claims, such as damage to a vehicle, the same limit applies, 3 years.
However, it is crucial to understand that this statute is subject to specific conditions and exceptions that might either shorten or lengthen this time frame. In cases involving minors, the statute of limitations does not begin to run until the individual reaches the age of 18. In some instances, injuries sustained in a car accident may not become apparent until much later. In such cases, Maryland’s discovery rule may extend the limitation period from the date the injury was or should have been discovered.
Failure to adhere to the statute of limitations can have severe legal consequences. Most prominently, a court will almost certainly dismiss your case, and you lose your legal right to seek compensation for any damages.
Schedule a Consultation With Robert Castro — Your Personal Injury Lawyer in Waldorf
The maze of car accident damages can be daunting, and securing appropriate compensation requires an adept understanding of the law. The Law Office of Robert Castro is experienced in advocating for victims in Waldorf. Our team of skilled Waldorf personal injury lawyers can guide you through this complex process, ensuring that all avenues of compensation are explored. Contact us today for a consultation. Let us help you secure the car accident compensation you rightly deserve.
