In Maryland, if you have been in an auto accident, you have three years from the date of the accident to file a personal injury lawsuit. Likewise, if the accident caused death, then claims for wrongful death and/or a survival action must be filed within three years from the date of the accident. This three-year deadline is called the Maryland “Statute of Limitations.” It is a legal deadline established by Maryland lawmakers to limit how long liability claims can continue to exist. Failure to meet the three-year deadline means that the victims (or victims) will not be able to maintain their lawsuit for compensation. That is, the case will be dismissed. If you have suffered injuries in a Charles County, Maryland, car or auto accident, contact us here at the Law Office of Robert Castro. Our number is (301) 870-1200, or use our contact page. We are experienced auto accident recovery attorneys with offices in Waldorf, Maryland.

What about insurance claims?

Most Maryland car and auto accidents are settled via insurance settlement claims. While there is a three-year deadline to file a lawsuit, filing an insurance claim must normally be done much more quickly. This is because most motorist coverage insurance policies require that the insurance company be notified very quickly after an accident (regardless of how serious the accident was). Often, the notice period is as short as 30 days.

Failure to notify the insurance company can mean that the insurance company will deny coverage. When that happens, the accident claim will not be settled via insurance and the only other option is to file a Maryland personal injury lawsuit.

However, this is rarely a problem since most people involved in an accident will call their own insurance company immediately. That provides the required notice for purposes of the insurance policy.

Note also that the notice given to the insurance company can typically be given by the claimant — the victim of the accident. When that happens, the victim must give the notice and make the claim quickly after learning who the insurance company is.

It is best not to wait

Whether making an insurance claim or planning for a lawsuit, it is best not to wait. The sooner you begin, the sooner you will have your settlement check.

Further, while three years might seem like a long time, there are some risks to waiting to hire a Maryland personal injury attorney to prepare your claim and case. Obviously, the most severe risk is missing the deadline and losing your ability to obtain compensation. Another risk involves loss of evidence. For example, most vehicles now have “black box” data devices where various information is contained. Some devices overwrite old information or auto-delete the data after a certain period of time. The data might show that the other driver was speeding or engaged in other reckless driving. To prepare your best case, that data should be collected immediately. If you wait too long, that data might be gone and unrecoverable. Starting immediately also provides your attorney the time to gather other necessary evidence, talk to your treating physicians, begin negotiations with the insurance company and otherwise prepare your “best” case.

Contact Waldorf, MD Personal Injury Attorney Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.