HO. CO. MARYLAND AUTOMOBILE PERSONAL INJURY EXPERTS, www.CharlesJeromeWare.com

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Automobiles are at the center of more lawsuits in the United States than anything else, and “automobile accidents” is the area in which the majority of personal injury actions arise.

According to the U.S. Centers for Disease Control and Prevention, in the year 2000 the estimated economic cost of motor vehicle collisions (MVCs), or “car accidents,” was about $230 billion [Centers for Disease Control (CDC), www.cdc.gov/motorvehiclesafety (2011)].

Every personal injury or tort claim—regardless of whether its basis is negligence, strict liability or intentional misconduct—has two basic issues:  (1) liability and (2) damages.  First, was the defendant liable for the damages you suffered?  Second, if so, what is the nature and extent of the damages you suffered?  If you can prove liability and damages, you are in the money; our American system of justice will award you compensation for your losses.

Some often-asked questions about personal injury, also with answers, are as follows:

1.         Question:  How do you know if you have a personal injury case?

            Answer:  It’s simple.  First, you must have suffered an injury to your person or property.  Second, your injury must be the result of someone else’s fault.  Third, the injury must be the result of someone’s unlawful action.  Fourth, consult an attorney for verification.

2.         Question:  What kind of legal fees should I expect to pay in a personal injury case?

            Answer:  Personal injury lawyers generally charge their clients on a contingent fee basis.  That means you pay your lawyer only if you win.  You’ll sign what is called a retainer agreement with the lawyer you choose to represent you, clarifying all fees and charges.  Remember that even if you lose the case, you are likely to have to pay the expenses of investigating and litigating your case, such as court filing fees and payments to investigators, court reporters and medical experts, as well as the expenses of securing medical records and reports.

3.         Question:  Does a personal injury lawsuit have to be filed within a certain amount or period of time?

            Answer:  Yes.  Each state has certain time limits called “statute of limitations,” that govern the period during which you must file a personal injury lawsuit.  Here in Maryland, that period generally is within three years of the date of the injury.  If you miss the statutory deadline for filing a case, your case in all likelihood will be thrown out of court.  Therefore, it is very important that you speak with a lawyer as soon as you receive or discover a personal injury.

            In many cases, injured parties under the age of eighteen at the time of their injuries or accidents have until the day before their twenty-first birthday to start legal proceedings for compensation.  Most courts have the discretion to extend or waive the limitation period if it is considered fair and just to do so.  Another limitations exception is if the bodily injury is caused by accident, the three year or so limitations period can start from the date or point when the injured party knew or should have known that he or she had a claim [see, s. 33 Limitation Act 1980; Richard Beaman, “The Three Year Limitation of Claim,” Douglas Wemyss Solicitors (Leicester), October 14, 2010].

4.         Question:  What if I get injured on the job?

            Answer:  In addition to the already discussed personal injury or tort laws, worker’s compensation laws may apply to your on-the-job injuries.  Worker’s compensation laws, currently in place in all 50 states and the District of Columbia, cover most workers injured on the job.  Under these laws, employers compensate you for your injuries, including medical expenses, lost wages (temporary disability) and permanent or temporary disability, regardless of who is at fault.  All you have to do is file notice with your employer and a claim with the state’s workers’ compensation commission or board [see, “Workers’ Compensation”, infra].

5.         Question:  What is medical malpractice?

            Answer:  Medical malpractice is negligence committed by a professional healthcare provider—a doctor, nurse, dentist, technician, hospital or hospital worker—whose performance of duties departs from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients.