Personal Injury Lawyers in Silver Spring, MD

Who Is Liable in Your Injury Case?

Maryland is considered an at-fault state, so the party responsible for causing an accident is typically held financially liable for the resulting damages and injuries. This means that the person found at fault may be required to compensate the other parties involved in the accident for their losses through their own insurance or personal assets.
 
Determining liability is trickier than meets the eye. Maryland follows the contributory negligence principle, which stipulates that even if you’re found just 1% responsible for the incident, you can’t seek compensation from the other party involved—even if they’re 99% responsible. The complexities of these laws are another reason for having an experienced personal injury attorney in Silver Spring, MD, who can guide you through your claim.
 

What Damages Can You Collect in a Personal Injury Case in Silver Spring?

Following a personal injury, individuals often confront a variety of measurable and intangible setbacks. These can generally be divided into two main groups: economic and non-economic damages.
 
Economic damages encompass direct financial setbacks, such as medical expenses, costs for repairing property damage, lost wages, and even potential pension losses. Calculating such damages is usually more straightforward, backed by concrete evidence like medical bills and employer records.
 
On the other hand, non-economic damages are less tangible. They encompass the emotional and psychological impact of an accident. These include pain and suffering, emotional distress, the diminished ability to enjoy life, and, in cases of severe outcomes, the loss of companionship or parental guidance. In Maryland, non-economic damages have a compensation limit, meaning there’s an upper limit to the amount you can receive.
 
Maryland also allows for punitive damages in certain personal injury cases. Punitive damages are intended to punish the defendant for particularly reckless or intentional conduct and to deter others from engaging in similar behavior. However, Maryland has specific criteria and limitations for awarding punitive damages. Generally, they are only awarded when the defendant’s actions are found to be malicious, wanton, willful, or in reckless disregard for the safety of others.
 

How Is the Value of Damages Determined for Your Claim?

Figuring out how much money someone should get for their injuries isn’t straightforward. It depends on things like medical bills, lost income, and how much pain they went through. Each case is different, so it’s important to talk to experienced lawyers who can estimate how much money might be possible based on similar situations they know about and all the case details.
 

What Evidence Is Needed for a Personal Injury Claim in Silver Spring?

Gathering evidence is crucial when building a personal injury case because it forms the foundation for a strong argument. Visual evidence, such as photos and videos, can have a significant impact in personal injury cases. Taking pictures of your injuries and documenting your recovery process through videos can greatly influence negotiations for a settlement and the decisions of jurors. Visual evidence has the ability to evoke emotions and effectively convey facts that support a fair compensation award. In some instances, physical evidence like unwashed clothing or footwear worn during the incident can be particularly valuable, especially in cases involving slips and falls.
 
Documentary evidence plays a vital role in personal injury claims. This includes police reports, records of initial medical treatment, medical reports, bills, and evidence of lost wages, such as pay stubs and tax returns. Documentary evidence establishes the link between the negligent action and the resulting injuries, which is crucial in assessing the value of your claim and pursuing appropriate compensation.
 
Witness testimony is another essential form of evidence. Eyewitnesses to the injury can provide valuable testimony to determine liability. Testimonies from medical professionals and caregivers can clarify the extent of your injuries and their impact on your life. The testimony of your loved ones and family members humanizes your case, helping jurors understand the true consequences of the accident on your life.
 
Our experienced personal injury attorneys in Silver Spring, MD, have the expertise to identify and collect the necessary evidence to strengthen your case. We can present a compelling argument on your behalf, increasing the likelihood of a favorable outcome and securing the rightful compensation you deserve.
 

What Is the Process for Starting Your Silver Spring Personal Injury Case?

Personal injury cases generally adhere to a consistent timeline, though each case has its own unique complexities. Here’s a broad overview of how a personal injury claim is typically managed:
 
1. Initial Consultation
The first step is meeting with a personal injury attorney in Silver Spring, MD. It’s crucial to talk to a lawyer before interacting with any insurance representatives. Our lawyers provide free initial consultations, where you can discuss your case details, injuries, and the treatments you’ve undergone. This helps you gauge your case’s strength and explore your legal options.
 
2. Hiring a Personal Injury Attorney
After the consultation, you can select the attorney who best fits your needs. Consider factors like experience, track record, and personal rapport. Our Silver Spring personal injury attorneys work on a contingency fee basis, meaning you only pay attorney fees if you receive a monetary award. The fee is a percentage of the award, and our firm covers case-related expenses.
 
3. Discovery and Gathering Facts
Once you’ve chosen an attorney, they initiate an independent investigation into your accident. This investigation aims to pinpoint the accident’s cause and collect evidence regarding the incident and your injuries. This phase may also involve obtaining medical records.
 
4. Negotiations and Mediation
After securing essential evidence, your attorney submits a claim to the insurance company of the responsible party. Typically, a demand for a specific sum to cover all damages is made. Negotiations with the insurance company are common, as they seek a settlement. Settling is often preferred by insurers to avoid trial expenses. If an agreement isn’t reached, mediation might be attempted before moving to trial.
 
5. Filing a Lawsuit
If negotiations or mediation don’t lead to a settlement, your attorney might file a lawsuit. The statute of limitations determines the timeframe for filing the lawsuit, though completing the suit doesn’t necessarily need to occur within that timeframe. Sometimes, filing a lawsuit prompts the insurance company to consider settling, while in other instances, the insurer may opt to strongly defend the case.
 

Why Ashcraft & Gerel Might Not Take Your Silver Spring Personal Injury Case

Here are a few reasons why Ashcraft & Gerel may decide not to accept a case:
 
1. Challenges in Establishing Fault: Demonstrating fault is crucial in personal injury cases. To have a strong claim, we must show that the accident resulted from the negligence of another party. If it turns out that you share some responsibility for the accident, it might not be possible to recover damages. Our personal injury lawyers carefully examine the circumstances and assess the likelihood of a successful claim based on fault determination.
 
2. Expired Statute of Limitations: The statute of limitations sets a deadline for filing a case, and it varies based on the type of legal claim. If we cannot take your case, it could be because the statute of limitations has run out. This emphasizes the importance of seeking legal advice promptly after an injury or accident. To ensure you have the chance to file a claim, it’s crucial to avoid unnecessary delays and consult with an attorney as soon as possible.
 
3. Jurisdictional Limitations: Personal injury cases are subject to jurisdictional requirements, which determine the appropriate place for filing a case. Lawyers are usually licensed to practice in specific states and jurisdictions. Depending on the unique circumstances of your case, it may be necessary to file the claim in a jurisdiction where the attorney you want to hire is not licensed. In some cases, the attorney may seek special permission to practice in that jurisdiction, but this permission is at the judge’s discretion and not guaranteed. If the attorney cannot obtain permission, they may be unable to take your case.
 
4. Lack of Significant Injuries: If your physical injuries are not substantial, we may be unable to accept your case.
 

What Can You Do To Protect the Value of Your Personal Injury Case?

To safeguard the value of your personal injury case, consider taking these measures:

1. Swift Medical Attention: After an accident, it’s crucial to promptly seek medical help. This ensures proper diagnosis and treatment of your injuries. Prioritize your well-being, and getting medical attention early creates a solid record of your injuries in your medical history. These records play a vital role in establishing the compensation you’re entitled to.

2. Preserve Evidence: Capture photos or videos of the accident scene and remember any details about the incident. Also, document how your injuries progress as you heal. This builds evidence showing how your injuries have evolved over time.

3. Follow Treatment Plan: Adhere to the treatment plan given by your doctor. Consistently following this plan is important. If treatment is delayed or ignored, the other party’s insurance might argue your injuries are less serious. Sticking to the treatment plan strengthens your case and underscores the severity of your injuries.

4. Track Expenses: Keep thorough records of all accident-related expenses. This includes medical bills, treatment invoices, and receipts for medical care, property damage, rehabilitation, and other relevant costs. If your injuries have led to lost income, gather pay stubs, bank records, and other documents proving your financial losses.
 

What Should You Expect From Ashcraft & Gerel During Your Case?

Here’s what to expect when you choose us for your personal injury case:

• We’ll gather all vital information and evidence.
• We’ll ask for the right details to investigate your case.
• We’ll discuss possible case outcomes openly.
• We’ll handle talks with insurers, lawyers, and the court.
• We’ll estimate the case duration and keep you posted.
• You’ll know upfront about our charges and expenses.
• Quick answers to your questions and regular updates.
• Your case is managed ethically and expertly.
• We’ll work hard for your best compensation.
• Our team is organized and ready.
• We value your time and treat you courteously.

Get Started With Our Personal Injury Lawyers in Silver Spring, MD Today

Experiencing a personal injury can lead to substantial financial, physical, and emotional challenges for you and your family. If you’ve sustained an injury in Silver Spring, MD, due to another person’s negligence, Ashcraft & Gerel is here to provide support during this difficult period.
 
With our extensive history of assisting injury victims throughout the state, our team of personal injury lawyers in Silver Spring, MD, possesses the expertise and resources to assist you in pursuing a robust compensation claim. Don’t hesitate to contact us today for a complimentary case evaluation with no obligations. Call us today at 301-450-5556!