Claim Process of a Maryland Bike Accident

When first speaking with a potential client, a Maryland bike accident attorney will want to know what that individual remembers about the accident they suffered in and if there were any witnesses. If so, an attorney will want to know the potential witness’ contact information so that the attorney can speak with them. They would also ask for any documentation in the potential client’s possession, such as photographs of injuries or damages. They would also want to know if the client still has the bicycle they were riding at the time of the accident.

Building a Claim

The first steps to building a case are gathering evidence. This means obtaining photographs of property damage and injuries, talking to any witnesses, and obtaining the medical bills and medical records. An attorney will spend time making sure that they have all pertinent information and, if they do not, obtain all of the missing information and, once received, reviewing all of that information.

Once that is done, they will submit it to the insurance adjuster. If the adjuster is accepting liability and is ready to make an offer, it involves getting on the phone with them and going back and forth and seeing if the case can be settled. If not, they would then take the appropriate steps to litigate the case. That falls into gathering evidence, obtaining photographs, and obtaining the medical bills and records.

Insurance Companies

Dealing with the insurance companies involves the settlement aspect of the case and trying to get the insurance company to put a good offer on the table. Sometimes, if a good offer is not put forward, the lawyer can file a lawsuit just to provoke a reaction from the insurance company and light a fire under their feet. Sometimes, they will increase the settlement offer immediately. Sometimes, they will not. A lot depends on what the injuries were, how severe the accident was, and the venue where the case has been filed.

Keeping the client informed of what is going on at every stage of the litigation process is an important step for the lawyer handling the case. Following up with the client, even if it is by e-mail every couple of weeks, letting the client know what is going on, and letting them know if there are any new settlement offers on the table – just so that they know their case is moving forward is an important step.

Preparing for Trail

Litigation is the last step in a case. An attorney in Maryland will want to try to get the case settled, if possible, for a reasonable amount of money. What the attorney typically tells clients is that anytime a case goes to trial, even if it is in a favorable jurisdiction, it involves rolling the dice and taking a chance.

Sometimes, clients are better off to settle the case. If the client elects to go to trial, the client is putting their fate in the hands of either a district court judge in district court, or if it has been filed in circuit court, in the hands of jurors who are going to be deciding the outcome of the case and the amount of the damages. That is not to say someone should just accept any offer the insurance company puts on the table, but it is to say that if the client can get a reasonable settlement amount, they are sometimes better off settling the case.

Going to trial is a last resort but every case is prepared as if it were going to trial. It is all part of the litigation process.