If you have been injured in a St. Mary’s County, MD., auto accident, to “win” your case, you must prove the elements of negligence: duty, breach of duty, causation, and injury. In Maryland, injured victims of car accidents have a right to seek compensation for their injuries and damage to their vehicle. Compensation is usually sought through one or more insurance claims. If the claim cannot be settled through settlement negotiations, then victims must file personal injury litigation in the Maryland State Courts.

As noted, victims must prove negligence. Although some states have moved to the idea of “no-fault auto accident recoveries,” Maryland still requires that victims prove that the other driver was at fault, that the crash caused the injuries and damages, and also prove the damages. Victims are able to recover compensation for many categories of damages, such as medical bills, lost earnings, pain and suffering, mental injuries, damage to property, and more. If you have been injured in an auto accident in St. Mary’s County, Maryland, consider having a consultation with Maryland auto accident lawyers like the ones here at the Law Office of Robert Castro. Call us at (301) 870-1200. We can give you an evaluation of the strength of your case.

Note that the elements of negligence must be proven whether the victim seeks compensation through an insurance claim or by filing litigation. This is because the insurance companies ALSO require proof of negligence (or at least want to see what the evidence is). Insurance companies do not just “pay out money” because a claim is made. Insurance companies are not required to pay if there is no actual liability on the part of their insured driver. As such, the insurance companies want to see and evaluate the evidence related to the four elements of negligence. From that evidence, the insurance companies evaluate the likelihood of success if a personal injury lawsuit were to be filed. In turn, all of that is the basis for settlement negotiations. If the evidence is strong, then the likelihood of success in a lawsuit is high. This, in turn, means that there is a high chance that the case will settle satisfactorily.

How to Prove the Elements of Negligence in Maryland

Generally, evidence comes in several types including witness testimony (usually given through questions and answers), documents, photos and videos, read-outs from computer data collection devices, physical things (like a blown-out tire) and expert evidence. One or all of these types of evidence can be used to help prove the various elements of negligence. Often, more than one type of evidence is used since an accumulation of evidence is the best way to prove a point of fact.

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.