A Maryland car accident lawyer may be able to help you win compensation in a case where contributory negligence laws apply because they have the background and training to handle personal injury cases, which includes car accident cases. If you are not well-versed with personal injury and contributory negligence laws in Maryland, you can opt to hire an attorney to represent you in your car accident case and advise you as your case progresses.
Attorneys fulfill various legal duties for their clients, which often include:
- Giving consultations to the client about their case
- Conducting an investigation on their client’s accident to retrieve new information
- Drafting a demand letter that consists of a litany of damages their client experienced
- Communicating with other involved parties on their client’s behalf
- Attending negotiation meetings on their client’s behalf to potentially reach a settlement
- Appearing in court on their client’s behalf to represent them at trial
- Submitting documents on their client’s behalf
The following describes some major duties an attorney can do to help their clients fight for compensation in Maryland.
Your Legal Team Can Investigate the Accident and Help Gather Evidence
In Maryland, the contributory negligence rule raises the stakes for plaintiffs to have a strong case against the party they are suing. According to the American Bar Association (ABA), if a plaintiff contributed to the cause of the accident in any way, they cannot receive compensation for their injuries and related damages. This was reestablished in the 2013 case Coleman v. Soccer Association of Columbia, which ruled that the plaintiff partially caused his own injuries through his actions despite the association’s responsibility to keep the premises safe.
Because of this, car accident attorneys understand the importance of collecting substantial evidence to support their clients’ cases. Should you decide to work with a car accident lawyer, they might first review the official crash report about your accident and any evidence you already have. This is to first assess who was at fault, whether there might be other liable parties involved, and whether there is room for the opposing party to claim that you partially contributed to the accident.
If necessary, your attorney may offer to have their law firm conduct its own private investigation to retrieve additional evidence to back up your claims and prepare for potential contributory negligence arguments. This evidence might include:
- Testimony from eyewitnesses
- Testimony from expert witnesses who can provide analysis to the case, such as accident reconstruction analysts and mechanical engineers
- Video footage of the accident, which can be retrieved from traffic cameras, surveillance cameras nearby, and dashcams inside the vehicles involved in the accident
- Photos of the accident scene, the affected vehicles, and your injuries
- Black box information if your car accident involves commercial vehicles that track this information
- Driving records of the at-fault party
Your Lawyer Can Help You Negotiate a Car Accident Claim Settlement
Your attorney may suggest filing an insurance claim to avoid having to go to court. This way, if your case reasonably convinces the other party’s insurance company that their client was at fault for the accident, your lawyer may be able to negotiate a settlement outside of court and win you compensation. It may be in both parties’ interest to keep your case out of court due to court fees, the length of time it takes to settle a trial, and the risk of losing.
While using contributory negligence laws is a defense argument that defendants can use, they must also be able to prove you were negligent in some way, which might be difficult to prove against certain pieces of evidence, such as videos or black box information. Many variables can affect how a case might go, so do not assume you are at a disadvantage because of contributory negligence laws. Your lawyer may be able to give you the support you need to fight for an insurance settlement and recover your damages.
If necessary, your attorney can file a lawsuit on your behalf and represent you in court. They can explain how to navigate this process and advise you when necessary.
Hire a Maryland Car Accident Lawyer from the Law Offices of Adam M. Smallow
If you would like to learn more about how a Maryland car accident lawyer may be able to help you win compensation in a case where contributory negligence laws apply, call the Law Offices of Adam M. Smallow to speak with one of our representatives. By dialing (410) 877-6021, you can receive a free consultation about your car accident case and ask questions about other legal services our legal team provides to our clients.
At the Law Offices of Adam M. Smallow, we want to serve our community as much as possible, which involves fighting for their justice and the compensation they need to recover their finances. If you or a loved one was injured in a car accident in the Edgewood, Maryland, area, let one of our attorneys help you prepare your case against the liable party or parties. We offer 24/7 text communication to our clients, so if you have any new information about your case, we want to know. Call today.