How To File a Personal Injury Claim in Baltimore Post Accident
Being a busy city, Baltimore tends to have packed traffic and many busy roads. This increases the probability of car accidents on the city roads. According to the National Highway Traffic Safety Administration, Maryland saw 95,507 accidents. Furthermore, the same data suggests that roughly 30% of the accidents in Maryland cause personal injury.
Due to the number of accidents taking place on the roads of Baltimore, and injuries being a part of it, there’s a chance of individuals being safeguarded in such scenarios. This is where a personal injury claim comes into the picture. An attorney who handles car accident-related cases can help individuals file personal injury claims if they’ve been in an auto accident.
A personal injury claim can help individuals ascertain what are the steps ahead for them and their recovery and compensation. Let us understand how you can file a personal injury claim, if and when you are involved in a car accident in Baltimore, and how a Baltimore attorney can help.
Filing a Car Accident Claim in Baltimore
A car accident can occur due to a variety of controllable or uncontrollable reasons. Since there are a lot of reasons, factors, and elements involved, it is best to consult an accident attorney anytime you’ve had an auto accident.
The entire legal process of filing a personal injury claim in a Baltimore court can be an overwhelming and seemingly complex process for many. Hence, consulting an experienced Baltimore lawyer is suggested while filing a claim.
The best car accident lawyers tend to investigate the claim before filing it in a Baltimore civil court. A claim in one scenario can differ from another one. Since each claim is different, all the factors shall be considered before your lawyer submits it.
Similarly, every individual filing a claim is different from another with unique medical history and records. Therefore, if and when you’re filing a claim with an accident attorney, they can inform you about the elements involved in the claim. This includes personal details that pertain to you and your case that should be considered.
Where is a Personal Injury Claim Filed in Baltimore?
When it comes to Baltimore, is divided into Baltimore City and Baltimore County.
Baltimore City consists of both the District Court of Maryland for Baltimore City and the Circuit Court of Baltimore City, Maryland.
Similarly, Baltimore County has two courts as well. The District Court of Maryland for Baltimore County and the Circuit Court for Baltimore County.
Each court has a limitation of $30,000 which is available for recovery in civil cases. Your lawyer can help you determine the right location to file when submitting your claim.
Step by step: How to file a personal injury claim in Baltimore
A personal injury lawsuit is a case that takes place when an individual suffers from any harm or injury from an accident, and another individual or organization is responsible for causing that harm.
The steps in filing a personal injury lawsuit can vary slightly from one situation to another. But, the basic steps remain the same.
Here are the overall steps involved in filing a personal injury case in Baltimore:
1. Preparing and filing a complaint
Any personal injury lawsuit shall begin with filing a case with the appropriate court of Maryland state. A personal injury complaint outlines the facts of the situation and the allegations being made by the parties.
Once the complaint is ready, it is served to the defendants. The defendants have to respond in a specific number of days to respond to the complaint. This response is called an “answer”. In case the defendant makes counter-allegations, the victim gets a few days to respond too.
If the defendant fails to respond to the complaint, the plaintiff files a motion for default judgment. The judge then hears the plaintiff’s evidence and decides if there’s enough evidence to convict the defendant of the damages.
2. The stage of discovering
Both the parties (plaintiff and defendant) get to the evidence search phase and try to discover additional evidence against each other to use at the trial.
This stage also involves depositions of each party in the case. Parties also send in questions to one another, which are answered under oath.
Personal injury lawyers will help gather and request the evidence, formulate questions, and more during the discovery stage.
3. Settlement and other negotiations
The parties have a chance to enter settlement negotiations before or after pre-trial hearings. This is done by either of the parties before moving into the trial.
The motive behind this is to determine which amount is lesser- the one which is decided during the trial period or the one mutually agreed during the settlement negotiations.
The best Baltimore personal injury lawyers will help you understand settlement offers and the pros and cons that come with them.
4. Pre-trial motions and hearings
A pretrial motion can be filed by either of the parties. These motions can include the admissibility of evidence or collecting testimonies from witnesses. There are expert testimonies involved too, at this stage.
Parties might also file motions for the judge to determine the result of a case based on the pleadings filed. The defendant can request a dismissal too if the plaintiff fails to present a legal cause of action.
5. Trial period
In the trial, the plaintiff presents the evidence before the defendant. The defendant gets to present their case last. Although, both the party’s attorneys can make opening and/or closing statements.
The judge’s role here is to inform the jurors about their duties and the laws applicable in this case. Jurors then, on the basis of the evidence, decide the case.
6. Motions and appeals post-hearing
A post-trial motion is something that comes into play, if and when any of the parties disagrees with the jury’s verdict.
In this case, any of the two parties can file a post-trial motion to overturn the verdict or to file an appeal.
Conclusion: Filing a Personal Injury Claim Can Be Beneficial
Many individuals tend to ignore the importance of a personal injury claim, assuming that it is a cumbersome process. This is a mistake that an individual shouldn’t make if they have been injured. Once you recover that you’re physically better from the accident, contact an accident attorney at the earliest.
Accidents can be very overwhelming for the individual involved, mentally or physically. Going to file a personal injury claim isn’t just about the money, but making sure that such incidents reduce overall, and help the victims overcome the same easily.
Whenever filing a personal injury claim go for the Baltimore lawyers, which have a substantial amount of experience in the area. To benchmark, their expertise, ask them about their previous cases and how the entire thing turned out.