Motor vehicle accidents often cause serious bodily injuries, and the collision’s impact on those involved can be traumatic. Car crashes due to negligence can potentially lead to a personal injury lawsuit.
Pursuing legal action with the help of a dedicated personal injury attorney cannot undo what happened, but it could offer you the financial resources you need to move forward. It may be possible to recoup your costs, from physical pain to financial losses, with a Hagerstown car accident lawyer’s help.
Negligence in Car Accident Injury Cases
Not every collision between motor vehicles will result in a personal injury settlement. To be eligible for compensation, a person must show that their injuries resulted from someone else’s negligence.
There are four elements of negligence, and a car crash attorney in Hagerstown has to prove each of them for the case to be successful.
Duty of Care
The first step in proving negligence is establishing that a duty of care exists. One person is only responsible for the losses of another if they owe the other some kind of duty. Establishing this is rarely an issue in vehicle accident cases, as the law requires drivers to operate their vehicles safely.
Breach
Once an attorney has established the duty of care, the plaintiff must show that the other driver breached it. In the case of car collisions, this usually involves some kind of driver error, such as failing to yield the right-of-way or running a stop sign. Most importantly, the plaintiff must establish that the collision was solely the other driver’s fault; otherwise, if the plaintiff contributed 1 percent to the accident, the latter is barred from any type of recovery per the Contributory Negligence in the state of Maryland, as opposed to other states. The burden of proof falls on the plaintiff, the maker of the claim.
Causation
The third element—causation—is the link between a breach of the duty of care and a person’s injuries. A defendant is only responsible for the damage they caused, or aggravated a pre-existing condition, making it necessary for the plaintiff to link their injuries to the accident.
Damages
The last element of negligence is damages. A plaintiff must prove that the defendant harmed them to be entitled to compensation. Some examples of harm include lost wages, emotional distress, or medical bills.
The Time Limit To File Suit
Another critical issue a Hagerstown auto accident attorney can handle is the statute of limitations. This deadline is one of the major pitfalls in a personal injury case, and the courts strictly enforce it.
A person injured in a car accident due to another person’s fault typically has a three-year window to file a negligence lawsuit. The time begins counting down the day of the collision, and steep consequences come with failing to comply.
A judge may have no choice but to dismiss an injury case with prejudice if a plaintiff files it after the legal deadline. A dismissal with prejudice ends the case and permanently bars the injured party from seeking compensation for that accident again. Experienced legal counsel can file a suit before time runs out.
Talk to a Hagerstown Car Accident Attorney Today
If a car accident has caused you or a loved one harm, you could pursue a monetary award from the responsible party. This process is complicated, but you can hire a legal team to guide you. Contact Price Benowitz as soon as possible for a free case evaluation with a Hagerstown car accident lawyer.
