When Should You Sue After a Baltimore Car Accident?
In the immediate aftermath of a car accident, I’ve had clients tell me repeatedly, they are simply unable to focus because of the number of pressing concerns. Sometimes, the fog can last for hours, or days. After you’ve been in a car accident, one’s mind races between thoughts like:
- “How did this happen?”
- “Am I okay?”
- “Is the other driver okay?”
- “What happened to my car?” ,
- “How will I afford to fix this?”
- “Is my insurance rate going to skyrocket because of this?”
Not surprisingly, being involved in a car accident is a traumatic experience, whether you’ve sustained serious injury or not. While some car accidents are simple “fender benders”, many others cause serious destruction that can not only ruin someone’s car, but also change the course of their life. Those questions outlined above are what I would refer to as the more “practical” concerns for a person hit with an unexpected calamity. There are other less obvious questions, and concerns, that will need to be addressed. This is area of law where I focus my practice. If you’ve had the misfortune of being involved in a serious car accident, other legitimate, pressing questions arise.
- How seriously hurt are you?
- Do you have a permanent injury or disability?
- Who pays your medical bills?
- Who makes up for your lost wages?
- What if you need future medical care?
- What non-economic compensation should you receive?
- What is fair value for your claim?
- Does contributory negligence play a role in your case?
What Does It Mean To Sue Someone For Personal Injury?
- Baltimore P.I. Law 101: What It Means to “Sue” Someone
To “sue” someone is to initiate a formal legal action against them in a court of law. The person who files the lawsuit—called the plaintiff—alleges that another person or entity—the defendant—has committed a legal wrong that caused harm or loss. By filing suit, the plaintiff is asking the court to impose a legal remedy. In most civil cases, this remedy is money damages, but it could also involve court orders requiring or forbidding specific actions.
- The Definition of a Lawsuit
A lawsuit is a structured legal process governed by state or federal rules of procedure. It starts with the filing of a complaint, which outlines the plaintiff’s allegations and the legal grounds for the case. The defendant has the opportunity to respond, typically by filing an answer. [Or in a Baltimore City District Court case, a form called a “Notice of Intention to Defend”. From there, the case proceeds through various stages such as discovery, motions, settlement discussions, and possibly a trial.
- The Purpose of Suing. Is it about the Money?
People sue for many reasons, but at the core, it’s usually about holding someone accountable for causing harm—whether physical, financial, or reputational. In personal injury law, for example, the plaintiff might sue after a car accident, alleging that the other driver was negligent and caused injury. In a contract case, a business may sue another for failing to deliver services as agreed. In either case, the lawsuit seeks compensation or enforcement of legal rights.
- Civil vs. Criminal
It’s important to understand that suing someone is part of the civil justice system—not the criminal system. In a civil lawsuit, the parties are private individuals or entities, and the goal is to resolve disputes and award compensation. In contrast, criminal cases are brought by the government to punish unlawful conduct. You don’t “sue” someone to put them in jail; you sue to recover damages or obtain injunctive relief. The same wrongful conduct may lead to a civil suit against the tortfeasor, and a separate criminal prosecution.
Legal Analysis: Assume A, driving drunk, hits, in this order, a pole, a person and another car. The person could sue for personal injury. The government the erected the pole could sue for damage to it property. The car owner could do the same. Separately, the people of the State will prosecute A, for driving drunk, for hurting others, and for causing property damage. - Baltimore P.I. Law 101: Who Can Sue?
Generally, any person or business who has suffered a legal injury can bring a lawsuit. However, they must have standing—a legal term meaning a legitimate interest in the case and a personal stake in the outcome. Skin in the game. Dog in the fight. They must also file within the applicable statute of limitations, or legal deadline. For instance, in Maryland, the statute of limitations for most personal injury cases is three years.
Legal Practitioner Note: Less for intentional torts. - Baltimore P.I. Law 101: Final Exam. Baltimore Lawsuit Step by Step
Draft Pleadings/Filing the complaint – Officially starts the case.
Serving the defendant – Legally notifies the other party.
Discovery – Gathering evidence, taking depositions.
Pre-trial motions – Asking the court to rule on legal issues.
Trial – If no settlement occurs, the court hears evidence.
Judgment and appeal – Final ruling and potential review..
Maryland law sets the type of compensation, called “damages”, and provides instructions for jurors to consider key factors when determining how much the plaintiff should be awarded.
- The nature and extent of the plaintiff’s injuries
- How long it will take the plaintiff to recover from the injuries
- How those injuries affect the mental and physical health of the plaintiff
- Any scarring or disfigurement that will leave the plaintiff with a lifetime of embarrassment
- Medical expenses immediately after the accident, as well as the cost of current and future medical treatment
- The plaintiff’s past, present, and future loss of earnings or earning potential
If you have been injured in a car accident, contact me immediately. I have two decades of experience helping people in your position get the compensation that is owed to them. The longer you wait to file after the accident, the harder it can be to prove your case, so contact me today to schedule your free initial consultation. Accidental injury is something for which you can never fully prepare, no matter how careful you are. Even if you use extraordinary caution in every area of your life, you cannot protect yourself from every accident.
Accidents, by their very nature are unexpected happenings.
As an experienced personal injury attorney, I know what it takes to collect the compensation injury victims deserve. Factors to be considered include:
- Medical bills for hospital stays, surgeries, doctor visits, or trips to the emergency room that you had to pay for because of the injury
- Wages you lost because you were unable to work while your injury healed
- Wages you will lose if your injury prevents you from working in the near or distant future
- Damages to your property that resulted from the accident
- Emotional pain and suffering
Each case is unique. I suggest that it is imperative to get the insight of an individual who has analyzed and evaluated thousands of similar events. I invite all potential clients to participate in a no-cost analysis and strategy conference. Contact me today to arrange a time to meet. 410 591 2835, or simply complete the form at the bottom of the page.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
- Legal Analysis & Case Studies
- Baltimore Insurance Claims Denial Lawyer
For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
