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Waldorf, MD, Auto Accidents: Am I Eligible to Make a Claim/File a Lawsuit?

Many people who have been injured in a Waldorf, Maryland, car or auto accident are unsure and in doubt if they are allowed to make an insurance claim or whether they can/should file a personal injury lawsuit. If this is your situation, call us here at the Law Office of Robert Castro. Our number is (301) 870-1200. We can evaluate your case and provide top-tier legal advice and guidance on whether you can make an insurance claim and file a lawsuit. Here is some general information.

First, if you have been injured or have suffered property damage because of the actions of another, you have a legal RIGHT, under Maryland law, to make an insurance claim and file a lawsuit. So, the first condition for being eligible for making a claim and filing a lawsuit after a Maryland auto accident is that you have suffered an injury or some damage to property (like your vehicle). Even a seemingly “small” or “minor” injury entitles you to make a claim/file a lawsuit. And you have the right to seek a medical evaluation to determine if you have been injured and to what extent. What might seem like a “minor” injury could, in fact, be a serious injury. You have a right to be reimbursed for even small injuries and for a medical evaluation.

Second, under Maryland law, the other driver must be “at fault,” and there must be no fault on your part. That is, the other driver must be entirely legally negligent, causing injury and property damage. But, rightly so, many people are confused and uncertain about who is entirely at fault in a Maryland car accident. For example, some might think that they have no claim because their vehicle struck the other vehicle first. But which vehicle made the initial contact does not wholly answer the question of fault. A driver, for example, running a red light is going to be held liable even if another made the initial contact in the crash. This is why it is important to consult with a Charles County, MD, car accident lawyer before concluding that you have no claim.

This is equally true on the question of whether the victim had any fault for the accident. For example, maybe the injured victim was not wearing a seat belt. However, here again, one should not assume that failing to wear a seat belt makes one ineligible to make an insurance claim/file a lawsuit. The rule is that whatever “mistake” was made by the victim must relate to the injury. If the injury would have happened regardless of whether the seat belt was being worn, then the victim is eligible to make a claim/file a lawsuit. Moreover, wearing or not wearing a seat belt has no relationship to property damage. Finally, most often, these are factual questions about which reasonable people can disagree. So, if the issue of complete or partial fault is disputed, then a jury will have to make a determination.

In summary, you have a right to make a claim/file a lawsuit if you have been injured in a Maryland auto accident. You have a right to seek reimbursement for those injuries and damage AND to seek a medical evaluation. In addition, do not assume that you had some fault or responsibility for the accident. Who is “at fault” is a factual and legal question here in Maryland. You need advice and counsel from highly-rated Maryland auto accident lawyers.

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.