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    Frequently Asked Questions

    Personal Injury Cases & Vehicle Accidents in Maryland

    1. What claims can you make when you are involved in a vehicular accident?

    Answer :

         In most cases there are three claims that can be made in Maryland . They include (a) property damage claim(b) a PIP claim and(c) a liability claim.

    Property damage

         Our accident lawyers will help you get your car repaired. If your car is deemed a total loss, you are entitled to the fair market value of your vehicle at the time of the loss. You are also entitled to a rental car for a reasonable time. If the defendant's insurance carrier will accept liability for the accident, they will usually authorize a rental vehicle for your use while your vehicle is being repaired or until they make an offer to settle your property damage claim. In the event the defendant's insurance company will not accept liability for the accident you may also be entitled to a rental car if you have rental coverage under your own policy. The cost for the rental vehicles are either paid direct to the rental car company or reimbursed to you, depending on the practice and procedure of the insurance company involved. There are limits in terms of time and expense that the insurance company will pay so be careful not to exceed those limits. Also, it is important that you not allow your vehicle to stay in a storage facility too long as the insurance company may not pay the total bill if you have not mitigated your damages. Usually, the property damage claim is settled with the defendant's insurance company. If for some reason this is not possible, we then try to settle it with your own insurance company if you have that coverage. If the property damage claim is settled with your own insurance company, your deductible will apply.

    PIP(personal injury protection)

         This is coverage that pays for loss of wages and medical expenses pursuant to each policy. Usually, it is claimed against your own policy. If you are a pedestrian, it can be claimed against the defendant's policy. Unfortunately, when this coverage is available, it frequently only has limits of $2,500 per person. Since this coverage depends on each policy, our accident attorneys need to look at your policy to determine its applicability and to make sure you have not waived the coverage. Generally, under Maryland Law you only have one year from the date of any accident to make this PIP claim, otherwise you will be barred from making the claim by the contract.

    Liability

         This claim is brought against the at fault party. Our accident attorneys collect all the medical bills, medical reports, lost wage information and personal information from you regarding your pain and suffering and other claims you wish to make. Thereafter, we send a demand letter to the insurance company to try to settle your case. If a reasonable settlement is not forthcoming, our accident lawyers file a lawsuit and allow either a judge or jury to decide the case. Generally, in Maryland and the District of Columbia , there is a three year statute of limitations for a personal injury liability claim. If the claim is not filed in court within that period of time, your claim will be forever barred. A wrongful death claim in Maryland also has a three year statute of limitations. A wrongful death claim in the District of Columbia has a one year statute of limitations. Intentional tort claims frequently have a one year statute of limitations.

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    2. Can any lawyer represent you on a vehicle accident claim?

    Answer :

         Anyone licensed to practice law certainly is allowed to represent you on your claim. Would you go to an Ob/Gyn for heart surgery? Would you want an inexperienced lawyer to represent you on your accident claim? Our personal injury attorneys represent clients on all types of personal injury matters. Our attorneys are familiar with the medical aspects of most cases and have access to experts who can assist where necessary.

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    3. How do you determine the value of my claim?

    Answer :

         Primarily, the value of a claim depends on the nature and extent of the injuries involved, need for surgery, amount of medical bills, length of treatment, need for future treatment, lost wages past and future, and non economic loss such as pain and suffering, inconvenience, disfigurement, embarrassment, mental anguish and loss of consortium. Although not essential, it does help a claim if there is significant property damage to any involved vehicles since that tends to confirm to a jury that there is reason for injury.

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    4. How long do cases typically take to resolve?

    Answer :

         Once you have completed treatment, we try to settle your claim with the insurance company promptly. Usually, we have a good idea if the case will settle within several weeks of filing a demand letter with the insurance company. However, there are numerous factors that can prolong any attempt at settlement. If we need to proceed with a lawsuit, the length of time depends on which court and/or which jurisdiction where the lawsuit is filed. If the claim is a particularly difficult claim, it can take approximately one year from the date of filing to get it through the court system.

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    5. What legal fees and costs are involved in my case?

    Answer :

         Unless we need to file a lawsuit for your property damage or PIP, there is no charge for our services in resolving those matters. Our fees for all personal injury cases are contingent fees and are based upon the outcome of the case. The fee depends upon when the case resolves. If we settle your case our fee is 33 1/3% of the gross recovery. If we go to court or arbitration and obtain a verdict/award in your favor, our fee is 40 % of the gross recovery. Please review our retainer agreement for all the details of our fees. Any costs that we incur in representing you are usually reimbursed to us out of any recovery. If we require you to advance any costs we will advise you before the costs are incurred.

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    6. Should I discuss this claim with any insurance company?

    Answer :

         In most cases there will be two insurance companies involved in your claim, your own insurance company and the other involved party's insurance company. You will need to cooperate with your own insurance company. However, you should give a recorded statement only in our presence to your own insurance company. Likewise, you should not sign any documents or endorse any checks without having us look at them for approval. Under no circumstances is it ever advisable to discuss any portion of your claim with the at fault person's insurance company. Similarly, you should not give them a recorded statement nor should you sign any documents presented to you by them without our approval. It is standard practice for the at fault party's insurance company to offer you some quick money, albeit a small amount, to attempt to get you to not go to an attorney. Do not be deceived by that obvious attempt to take advantage of you.

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    7. If the at fault party has no insurance, can I still make a claim?

    Answer :

    Probably! If you are insured and have uninsured motorist coverage on your own policy, you certainly can make a claim. If you do not own a vehicle, you may still be able to make a claim against a state uninsured motorist fund.

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    8. What should you do if you are injured in an accident?

    •  Call the police immediately. Defendants often change their story if police are not called to the scene. Police will usually only respond if there is injury and someone needs treatment.

    •  Exchange all relevant information with the other involved party. Ask to look at the other party's driver's license and write down the correct spelling of the name, license number, address and date of birth.

    •  Make sure you have the license plate number for all vehicles involved in the accident.

    •  Ask to look at the registration of the vehicles involved in the accident and write down the relevant information.

    •  Write down and provide to us the names, addresses and telephone numbers of all involved and non involved witnesses and/or passengers in all vehicles and all medical providers.

    •  If you have access to a camera, obtain photographs of the vehicles involved in the accident immediately. Also, if visible, take photos of any injuries you suffered.

    •  If injured, immediately go to the emergency room or to your private physician for proper medical treatment. Do not prolong treatment just for purposes of a legal case. Once you are feeling better or a physician recommends a discharge, please call one of our accident lawyers so that we can obtain a final report and bill from the physician.

    •  Keep a diary of all important things that happen in your case including any medical treatment, diagnostic tests, dates missed from work, and any significant pain and suffering.

    •  Keep your accident attorney advised of any change of address and/or telephone numbers for you.

    •  Advise your accident lawyer of any and all medical providers to whom you go for treatment or testing. We cannot get you a fair recovery if we do not have all the proper information.

    •  Send your accident attorney all documentation for any lost wage claim you wish to make including tax returns and all schedules for the year of the accident, the year before the accident and the year after the accident. We will need a copy of all disability slips that a doctor gives you. We will need your employer to complete a form that we provide to verify the claim for lost wages.

    •  Advise your accident lawyer of the name of your health insurance carrier, member number and group number.

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    Foran & Foran are qualified Maryland auto accident lawyers practicing through out Maryland. Contact us today.

    The legal information on this site is not intended to be legal advice.  Contact one of our experienced accident attorneys or lawyers today to get specific information and answers for your specific situation.