Car Accidents

     If you have been injured in an automobile accident in Maryland, under Maryland law, the driver who caused the accident is liable and is therefore responsible for compensating you for your injuries, damages and losses.

     As a victim of the other driver’s negligence, there is no cost for receiving medical treatment and legal representation.  Car accident cases are handled on a contingency basis, which means that the at-fault driver’s insurance company is legally and financially responsible for the injuries, damages and losses in your case, and will pay for your medical care and treatment, property damage, related expenses and attorney’s fees.

     You may be entitled to significant monetary compensation.  I assure that my clients receive the compensation they are entitled to receive in these cases and that they are made whole again for the negligence of the driver who caused the injuries and losses. To learn more about your car accident case, please download my Free Automobile Accident Fact Book. You may also call me directly at 410-446-6644 and I will discuss, review and evaluate your case with you at no charge, you may contact me by completing the Contact box on the left side of this page, or email me at alexmilleresq@sprintpcs.com.  

How Are Car Accident Cases Handled

     Insurance companies initially determine fault and liability in accident cases. Liability in auto accident cases is usually due to the negligence of the driver who caused the accident. Negligence is, in its simplest terms, a failure to exercise reasonable care and diligence under the circumstances.

     Liability can also be due to the other driver’s recklessness.  In accidents involving traffic violations, there is a stronger presumption that the driver who committed the traffic offense was at fault. Fault and liability are also based on the statements of the drivers and any eyewitnesses, the property damage to the vehicles, the skid marks, if any, Accident Reconstruction Reports and Police Accident Reports. I have my Investigator document, investigate and photograph the accident scene, the property damage, the injuries sustained and interview witnesses. I also take written statements from witnesses, police officers and preserve all physical evidence.

     In some types of traffic accidents, liability is established from the type of accident itself. For instance, if you were struck by a vehicle from behind, in most cases it is the other driver’s fault because traffic laws require that drivers maintain a safe distance from the automobiles in front of them in order to be able to stop safely.  Also, drivers making left-hand turns are almost always liable in collisions where the other driver was driving straight in the opposite direction, unless the other driver was exceeding the speed limit, ran a traffic signal, or was otherwise negligent.  

     Liability can also be due to product liability, meaning a product was not safe and did not perform as expected as warranted by the manufacturer or retailer selling the product. Under products liability law, when that product fails to perform as expected or injures someone, the company can be held liable and the consumer who was harmed by the defective product may seek financial compensation for injuries and damages, including medical expenses, lost wages, pain and suffering, and possibly punitive damages. The manufacturer, retailer and supplier of parts for the product may be held responsible for the injuries and losses that are caused due to a defective product that it manufactured, produced, designed or sold.

     When you are injured in an auto accident, the insurance adjuster from the negligent driver’s insurance company is likely to contact you to offer a quick and easy financial settlement of the claim. It is important to know that the insurance adjuster represents their insured, the person who caused the injuries, damages and losses. They do not represent you and they do not have a duty to protect you and your best interests.

     Therefore, you should call me before you agree to a financial settlement agreement and I can review the offer relative to your injuries, property damage and any other losses, in order to assess whether it is a fair and all-inclusive offer. It is my duty to protect you, your best interests, and your legal rights now and in the future.

     The Insurance adjuster will ask you to sign a Release in order to send you a settlement check. The Release is a release of all claims against them for any past, present, or future liability for your injuries. It protects them, it does not protect you. It can prevent you from all future action even if your injury becomes worse or new complications arise from the accident. By accepting an immediate settlement from the insurance company, you are forever releasing the other driver from all liability for your accident. This leaves you unprotected and financially responsible for the injuries and damages their insured caused you through no fault of your own.

What Can I Recover In A Personal Injury Case

     As a general rule, in a Maryland personal injury claim, you are entitled to recover the following damages and losses:

1. Medical Bills; 2. Lost Wages; 3. Property Damage; 4. Car Rental; 5. Other Out-of-Pocket Expenses due to the accident; 6. Pain and Suffering; 7. Inconvenience; 8. Physical Impairment; 9. Disfigurement, including scarring; 10. Future Medical Expenses; 11. Future Lost Wages; 12. Loss of Relationship with your Spouse, called “Loss of Consortium;” 13. Other non-monetary injury; and 14. In cases in which the person at fault’s conduct was malicious, you may be able to recover an additional damage, called “Punitive Damages.”

     In a claim for wrongful death, the spouse and family are entitled to recover the following additional damages and losses:

1. Mental Anguish; 2. Emotional Pain and Suffering; 3. Loss of Society; 4. Loss of Companionship; 5. Loss of Comfort; 6. Loss of Protection; 7. Loss of Care (marital care, parental care, filial (child) care); 8. Loss of Attention; 9. Loss of Advice; 10. Loss of Counsel; 11. Loss of Training; 12. Loss of Guidance; 13. Loss of Education; and 14. Other non-economic damages authorized under Subtitle 9 of the Maryland Code, Courts and Judicial Proceedings, § 3-2A-01.

How Are Personal Injury Cases Proven

     In order to prove a case of negligence in Maryland, the person bringing the action (the Plaintiff) must prove the following four (4) elements:

1.That the person who caused the accident and injuries (the Defendant) had a “Duty of Care” to the injured person. A Duty of Care is a duty to use that degree of care that an ordinarily prudent person would have used under the circumstances. The issue becomes whether the behavior of the Defendant in any given case constituted negligence so that the Defendant is liable. Proving negligence does not, by itself, award monetary damages however. The other elements must also be proven;

2. The Plaintiff must also establish that the Defendant breached that duty by not exercising reasonable care;

3. The Plaintiff must further prove that the Defendant’s negligence caused the harm (injuries, damages and losses) and was the “Proximate Cause” of the harm, not a remote a consequence of it; and

4. The Plaintiff must prove actual damages, the injuries and losses sustained to support the compensation for the harm.

 Should I Have A Lawyer Represent Me

     Personal injury claims are intended to restore injured persons to their original condition, prior to the loss. Therefore, I ensure that my clients receive proper medical care and treatment, recover any lost wages, that their vehicle’s property damage is quickly resolved and that a rental vehicle is provided.

     Being the victim of an accident should not cost you or inconvenience you. Furthermore, the compensation I recover for you is not taxable so that you will not have to pay any State or Federal taxes on the funds that I recover for you.

     Studies conducted by insurance companies found that accident victims recover two-and-a-half times more for their auto accident case when they are represented by a personal injury attorney. The at-fault driver’s insurance company has no duty to explain your legal right to you or to protect those rights. In many cases, they do not even understand your legal rights.

     Insurance companies are in the business of protecting their insured and maximizing their profits by paying as little as possible on personal injury claims. Often, just the threat of going to trial and winning against the insurance company can increase the value of your case. I seek to recover for you every category of damages that applies to your case to make sure that you sustain no losses, that you are fully protected and that you are made whole again.

     Call me directly at 410-446-6644 to protect your rights and your interests. You can also protect your case by downloading my Free Automobile Accident Fact Book and learn what to do Right Now.

How Much Time Do I Have to File A Claim

     In Maryland, if you have been the victim of an accident due to the negligence of another, you have only three (3) years to file suit to recover for your injuries and damages or your claim will be forever barred. 

     However, in these types of cases there are issues and concerns which must be handled immediately, such as who is going to pay your medical bills, who is going to compensate you for your lost wages, for your pain and suffering, for your damaged vehicle, and for your other losses and damages. You need assistance while you are trying to get medical attention and treatment so that you may heal and fully recover from your injuries.

     The last thing you can afford at this point is to be taken advantage of by an insurance company. If you don’t properly protect your legal rights, you may jeopardize your rights or worse yet, you may not be able to make a claim at all. To that end, it is important to protect your interests as soon as possible. Witness statements should be obtained before the insurance company gets involved.  The injured victim should NOT speak with any representative of the insurance company because their job is to protect their insured and not to protect you.

     I will fully and properly advise you and protect your legal rights right away, while maximizing your insurance recovery. I will ensure that you are compensated fairly not only for your personal injuries but also for your property damage and other losses and damages.

     Call me directly at 410-446-6644 and I will answer your questions and concerns, you may also contact me by completing the Contact box on the left side of this page, or email me directly at alexmilleresq@sprintpcs.com.  I will discuss, review and evaluate your case with you at no charge. In Maryland, bodily injury accident cases are handled on a contingency fee basis meaning that you have no out of pocket expenses and that I only get paid when I successfully recover your losses and damages for you.