Personal Injury FAQ
People often think they know everything that they need to know about personal injury law and lawyers. And likely, they think – perhaps even you may think – they may never need to call one. However, no one can predict when they’ll need the help of a personal injury attorney.
At Jackson & Associates Law Firm, LLC, we’re dedicated to offering each of our clients in Maryland, Virginia and Washington, D.C., with compassion and care in the face of injuries. Our attorneys have a reputation for strength and toughness that often leads to results. But what clients love most about us is how we listen and provide them with answers to questions like:
What constitutes a personal injury claim?
A personal injury claim is any pursuit of compensation for an injury you suffered due to negligence. Negligence can come in many forms, from drunk driving to speeding to puddles on the floor of a grocery store. The key – however – is that your injuries were caused by someone else. And that person should be held responsible.
What if I am partially at fault for my accident?
Maryland and Washington, D.C., follow contributory negligence laws. Under these rules, even 1% of fault on your part can eliminate your right to recover any compensation. That is one of the harshest legal standards in the country, and it makes having the right attorney on your side essential.
We work to build a case that places 100% of the responsibility on the other party. Our attorneys investigate the facts, gather evidence and push back firmly against any attempt to assign blame to you. Proving the other party’s full responsibility is the foundation of your right to recover.
How long do I have to file a personal injury lawsuit?
In Maryland, you have three years to file a personal injury lawsuit. Three years is considered ample time to receive treatment and realize that you need additional compensation. However, that time moves much faster than you may anticipate, as you’re struggling with recovery and medical bills.
Do I have a case if I didn’t go to the ER right away?
Not every injury shows up right away. Soft-tissue injuries and concussions can take hours or days to produce noticeable symptoms. That delay does not mean you have no case, but insurers often use gaps in treatment to argue your injuries were minor or unrelated to the accident.
See a doctor as soon as you can and keep detailed records of every symptom, treatment and appointment. We can help you build documentation that ties your injuries directly to the accident. A delayed diagnosis does not end your claim.
Should I talk to the other driver’s insurance?
The law does not require you to give a recorded statement to the other driver’s insurance company, though you must cooperate with your own insurer under your policy. Insurance adjusters ask questions designed to lower the value of your claim. Even an honest, early answer can still hurt your case.
We recommend speaking with an attorney before you say anything to the other side’s insurer. We can walk you through what you must share and what you should protect. Early statements often lock in a version of events before you fully understand the extent of your injuries.
What can I be compensated for in a personal injury case?
You can be compensated for several types of costs you may incur in the course of recovering from an injury, including:
- Lost wages
- Hospital bills
- Transportation costs
- Rehab costs
- Mobility accommodations
You may even have the possibility of recovering “noneconomic” damages, such as pain and suffering.
What if the insurance company already offered me a settlement?
A quick settlement offer from an insurance company is rarely a fair one. Insurers move fast because they want to close your claim before you understand the full cost of your injuries. Once you sign a release, you give up your right to seek any further compensation.
We recommend waiting until you reach maximum medical improvement, or MMI, before accepting any offer. MMI is the point at which your doctor determines your condition has stabilized. Only then can the full value of your claim be properly calculated.
Do I need a lawyer for a personal injury claim?
While it is not necessary to have a lawyer to begin the personal injury claim process, having a lawyer is a major benefit. As personal injury attorneys, we have insight into the system ahead of you. Our experience also helps us know and plan for the tactics used against our clients that prevent victims from recovering full and fair compensation.
What is a contingency fee?
A contingency fee is how many personal injury attorneys take their fees from pursuing your case. It is a fee paid out of the lump-sum settlement or judgment you receive. This means you do not pay for your attorney unless they are successful in taking on your claim.
Call For A Free Consultation
Your case is going to have many unique pieces to it, and the answers to very specific questions will rest on those factors. Call us to get a free, in-depth analysis of your personal injury case at 301-264-7082 or send an email using our online contact form.
We have offices in Upper Marlboro, Maryland and Washington, D.C.