Car Accident Attorneys in Gaithersburg, Maryland
Car crashes kill tens of thousands of Americans each year and leave many more with severe injuries. Unfortunately, if you have never been in a car accident, do not count on it staying that way. The average driver can anticipate being in about three or four collisions in the course of his or her life. Many of those wrecks will be minor and might result in nothing more than property damage. On the other end of the spectrum are severe and potentially deadly crashes.
Anyone who has been in a crash that is considered minor knows that even these cases can cost thousands. People are also often surprised by how easily they can end up injured in a relatively low-speed wreck.
If you were injured in a car crash in Gaithersburg, Maryland, you might be able to collect compensation for your injuries from the negligent driver. At Berman, Sobin, Gross, Feldman & Darby LLP, our dedicated car accident attorneys are here to answer your questions and fight to get you the compensation that you deserve. Recovering compensation can take some of the burden caused by the crash off of you and your family.
Call Berman, Sobin, Gross, Feldman & Darby LLP today at 301-670-7030 for a consultation with an experienced Gaithersburg, Maryland car accident attorney.
Do I Have a Car Crash Claim?
To succeed in a car accident lawsuit, the injured individual must be able to prove that another person negligently caused his or her injuries. Negligent behavior occurs when a person breaches their duty to behave as a reasonably prudent person would, and that failure harms another individual. Some examples of negligent drivers include:
- Drunk drivers
- Distracted or inattentive drivers
- Speeding motorists
- Drowsy drivers
- Reckless drivers
Most car crashes are the result of a driver who fails to use caution. Without human error, the roads would be extremely safe places.
When it comes to proving a driver in Gaithersburg, Maryland, was negligent, you will face hurdles that most car accident victims do not. The reason for this is because in Maryland, a car crash victim who was “contributorily negligent” will be barred from recovering for his or her injuries.
Car crashes can be complicated, and in many cases, more than one person will be at fault. For instance, one driver may violate the right-of-way of another driver, but that second driver may have been speeding. In such a case, both drivers may be at fault for the crash, and both might have been negligent.
Most states will divide up liability. For example, if the injured victim was 20 percent at fault and the other driver was 80 percent to blame, then the injured person could collect 80 percent of his or her damages from the more at-fault party. For instance, assume that the damages were an even $100,000. The injured person could collect $80,000. In Maryland, the same person would collect nothing.
While this might be a frustrating situation for many plaintiffs in the state, it is important to point out that many crash victims are successful in their claims with the help of experienced legal representation.
If you would like to know more about your claim and options, contact an experienced Gaithersburg, Maryland car crash attorney.
What Can I Recover in a Successful Claim in Gaithersburg, Maryland?
A successful car accident claim will result in damages that will include compensation for medical expenses, property damage, lost wages, pain and suffering, and disfigurement. Families of those killed in car crashes can recover compensation as well.
The economic damages, which are the financial losses, are based on the actual costs and estimated future costs stemming from the crash. Non-economic damages, such as pain and suffering, cannot be based on any concrete numbers. Courts will find ways to determine the sum which the defendant must pay to the plaintiff. Oftentimes, non-economic damages are for amounts far above the actual economic damages. However, Maryland does place a cap on non-economic damages. That cap increases annually but can still keep a person from recovering extremely high sums.
How Long Do I Have to File My Gaithersburg, Maryland Car Crash Claim?
Maryland restricts car crash lawsuits to a three-year statute of limitations; this means that you will only have three years from the date of the crash to file your claim. Waiting to find an attorney is not a good idea, though. Your attorney will need time to look at the facts of your case and attempt to negotiate a possible settlement. The more time your attorney has to prepare, the better.
Also, following a car crash, you are likely to get some calls from insurance companies. These calls may contain settlement offers, but those offers are rarely in your best interest. Most early offers simply attempt to get the case closed with as little cost to the insurance company as possible. Let your attorney field these calls.
Call Berman, Sobin, Gross, Feldman & Darby LLP Today
At Berman, Sobin, Gross, Feldman & Darby LLP, our attorneys understand the damage that a car crash can do to a family and a person’s life. Call us today at 301-670-7030 to speak with an experienced Gaithersburg, Maryland car accident attorney.