Car and Truck Accidents

Car & Truck Accidents: What to Expect in Car or Truck Accident Claims in Maryland

This section is for the person who is hiring a lawyer for the first time, and who doesn’t know how the process works. We’ll try to be comprehensive, but remember that every case is different, and the unexpected sometimes happens to change to course of an accident claim.

Hiring a Lawyer

Most people decide to hire a Maryland auto accident lawyer when (1) they want to play it safe and have a professional take care of their accident; or (2) they get tired of dealing with the insurance companies after an auto collision. Our firm only handles serious auto accident cases, but if you hire any lawyer the process will usually be the same.

The most important thing when hiring a lawyer is to be comfortable with that lawyer and his or her employees. When you meet with the lawyer, whether in person or over the phone, you will need to give the following information:

Date of the accident: The exact date and time of the accident are important so your lawyer can get proper records (including police reports and medical records), and so your accident lawyer can calculate the deadline for filing a lawsuit.
How the accident happened: Tell your lawyer in detail how the accident happened. What road were you on, what intersection was it near, in what direction were you heading, what was the speed limit, and where was the negligent driver? Explain where you were coming from and where you were going. Describe why you think the accident happened.
Witnesses: Did anyone else see the collision? Did you have any passengers? Give your lawyer all contact information that you know.
Injuries: What injuries did you have because of the collision? Do you still have any ill effects? Be sure to tell your lawyer about physical injuries (broken bones, hurt back, etc…) and mental injuries (depression, anxiety, etc…).
Prior/Subsequent Injuries: Your lawyer will need to know if you had any prior or later accidents (especially auto accidents or on-the-job injuries). Your lawyer will also need to know if you ever had medical care for the same body parts that were injured in the accident. You may need to give your lawyer the names of doctors who treated you in other situations.
Medical Care: Did you receive any medical care? Try to give your lawyer the names, phone numbers and addresses of all hospitals, doctors, pharmacies, physical therapists, chiropractors and other health care providers that you saw because of the accident. Your lawyer will order those records and bills, which are important evidence in your case.
Insurance: Give your lawyer all information about your insurance company and the negligent driver’s insurance company. If you are not insured, your lawyer may want to know the insurance company that insures other drivers living in your home.
Photographs: Bring any photographs you have of the accident, the scene of the accident, and your injuries. If you have these available electronically, you can e-mail them to your lawyer (which is even better).
Police Report: If the police showed up, did they give you a report number, a report, or an exchange of information sheet? That’s important to give to your lawyer.
The Person Who Caused the Accident: Give your lawyer any information you have on the person who hit you—name, address, phone number, license plate, height, weight, date of birth, insurance company, etc…. If it was a commercial or business vehicle that hit you, give your lawyer that information, as well.

Your lawyer will need you to sign some documents so he/she can get started on your case. These are the documents that our firm uses:

Retainer Agreement: this is the contract between you and our firm that allows us to talk to the insurance companies and to work on your case.
HIPAA Authorization: This allows us to order copies of your medical records and bills.
PIP Authority: This will allow us to process your Personal Injury Protection (PIP) , paperwork. We do this for our clients at no charge.
AISG Form: This allows us to access information about other accidents or injuries that the insurance company knows about.
Medicare/Medicaid Form: This will allow us to contact Medicare or Medical Assistance if you receive those benefits. In some cases, they may be entitled to be paid back if they paid for treatment of your injuries.

Property Damage

If your car was damaged in the accident, or if you had other personal property that was damaged because of the collision, you may be entitled to repairs or replacement. Some of our clients handle this on their own, but we are happy to deal with the insurance companies for you, in most cases at no charge. We’ll also help to arrange for a rental car through the insurance.

Medical Treatment

The most important part of your job in a Maryland car accident claim is medical treatment. If you are hurt, it is usually best to see doctors regularly until you are completely better, or until you are at maximum medical improvement (doctor-speak for “as good as you are going to get”). As your lawyers, we cannot give you medical advice. We can tell you that it is easier to prove your claim if you get treated by competent doctors as soon as possible after the accident.

There are some myths about lawsuits and medical treatment. One common belief is that if you don’t go to the emergency room, you cannot bring a lawsuit for an auto accident. There is no such rule. Injuries after auto accidents take many forms, and an emergency visit may not be required in some cases. However, letting a long time pass between an auto accident and medical treatment can hurt your legal claim—the defense will be that you were not that hurt if you did not need to go to the doctor for X number of weeks. We know that’s not always the case—some of us try to tough it out, and hope that the pain will resolve on its own. But, there are some judges and jurors who see failure to get medical help as an admission that there are no injuries. For this reason, even if you don’t go to the emergency room, it might be a good idea to at least see your primary care provider if you are injured.

Here are our three rules for medical treatment:

Don’t miss appointments: Frequent missed appointments and long gaps in medical treatment provide the negligent driver with an easy defense—they will argue that you were not hurt that bad, and that you “overtreated.”
Tell the doctor about all of your complaints: It’s important to be vocal when telling your doctor about your problems. This is because he must write it down in the medical records (which is important for us to be able to prove your injuries). It’s also because, even if you think an injury is a minor annoyance, it may become a bigger problem later. Failure to tell the doctor about it early will make it harder to connect that injury to the accident.
Listen to your body and listen to your doctor and pretend you do not have an pending car or truck accident case. The best way to get the most money for your case is to do what is best to make you as healthy as you can as quickly as you can. Getting more treatment than you need or less treatment that you really need does not help the value of your case.

While you are still under the care of your doctors, we will continue to follow up with them and collect your medical records and bills. The important part of our job comes when you are finished treating.

Settlement Negotiations

Once you are done with medical treatment, we will order any outstanding medical records and bills, and put together a demand package for the negligent driver’s insurance company. That package will include our summary of the accident and your damages, and will also include medical records and bills, photographs, and other documents that support your claim.

It typically takes the insurance company thirty to sixty days to respond to the demand package. We try to conduct negotiations quickly—it is usually obvious when the insurance company is not going to offer you full value for your claim. In most cases, if we haven’t settled the claim within two months of the first offer, we will prepare a lawsuit for filing in court.

We will stay in touch with you as the offers come in, and we will not settle your case without your permission. You are the boss. We give you advice but the choices you make are ultimately yours.

The Auto Accident Lawsuit

If your case does not settle, the next step is to file a lawsuit. If your case is in the District Court, it will usually get to trial within about four to nine months after the lawsuit is filed. If your case is in the Circuit Court, it may take one to two years, on average, to get to trial. During this time we will be working mostly on Discovery, which is the exchange of information between the Plaintiff (you) and the Defendant (the negligent driver). Depending on the court, we will probably exchange written discovery questions (Interrogatories), and may be required to take your deposition. In a deposition, the negligent driver’s lawyer will ask you questions, usually for one to three hours, about the accident, your injuries, and anything else related to case.

After discovery, the case may still settle. If not, it will proceed to trial. In the District Court, trials usually last between thirty minutes and a few hours. In the Circuit Court, they last anywhere from a half-day to a week. It is important that you be present at trial every day. You will tell the judge or jury about how the accident happened and what your injuries are. We will spend as much time with you as you need before trial to get you ready for your testimony.

Conclusion

After a settlement, the negligent driver’s insurance company or lawyer will send your lawyer a form to be signed by you. That form, a “release,” basically states that you’re settling the claim and will not be filing or continuing with a lawsuit. After the release is signed, the insurance company usually sends a check to your lawyer within thirty days.

After a trial victory, the negligent driver will have thirty days to file an appeal. If he does not file an appeal, his insurance company will likely send you a check within 30 days. If he does file an appeal, we’ll explain the timeframe and the process.