Waldorf, MD Auto Accidents: Some Legal Basics You Should Know
If you have been injured in a Waldorf, Maryland car or auto accident — or a loved one has been injured — call us here at the Law Office of Robert Castro. Our number is (301) 705-5137. We are top-rated Maryland car and auto accident attorneys with extensive experience. If you are searching for “Maryland auto accident attorneys,” we are the ones to call. In this article, we provide some of the legal basics for auto accidents in Southern Maryland.
Deadlines
Nearly all types of cases in Maryland have time deadlines by which the injured party must file a lawsuit to recover compensation. These deadlines are generally called “Statutes of Limitation.” For auto accidents in Waldorf, Maryland, the statute of limitations is three years from the date of the accident. These deadlines are strictly enforced by Maryland auto accident courts. If an injured party misses the deadline by even one day, their case will be dismissed with prejudice. See MD Courts & Jud. Proc., § 5-101.
Negligence must be proven
Under Maryland auto accident laws, an injured party is entitled to make insurance claims or file a personal injury lawsuit. To succeed, the injured party — the plaintiff — must prove the negligence of the “at-fault” party or the “at-fault” parties. It is often the case that more than one person or business is at-fault for a Maryland auto accident. To prove negligence, four legal elements must be shown: duty, breach of that duty, causation, and injury.
Proving duty is often “easy” to do. Every driver has a duty to be careful while driving and obey traffic laws. A breach can also be “easy” depending on the facts of the case. To take an example, if the at-fault driver was speeding, “ran” a red light, or failed to stop at a stop sign, then that driver breached their duty to obey traffic laws.
Causation requires a showing that the injury was causally related to the accident. This can be “easy,” but sometimes it can be difficult and requires the opinion testimony of experienced medical professionals.
Insurance claims are usually made first
In most Maryland auto accident cases, the first step in receiving compensation for injuries is to make one or more insurance claims. In Maryland, an injured victim can file an insurance claim against the insurance policy for the at-fault party or against their own insurance policy. Often, cases will be resolved through insurance without the need for Maryland car accident litigation. However, many insurance companies make lowball settlement offers. So, it is important to hire insurance company-savvy Maryland personal injury lawyers to help ensure you obtain the maximum insurance recovery.
Shared potential liability
As noted, many times, there is more than one at-fault party in a Maryland personal injury accident. When that happens, the total fault is apportioned among the number of at-fault parties. Maybe the “split” is 50/50, or maybe one at-fault party is only 10% at fault.
No cap on damages
For Maryland auto accident recoveries, there is no cap — or limitation on the amount of damages that can be recovered.
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.
