There’s three main things that we look for in every single case to determine if a client has a personal injury case. Number one is liability: who is at fault? In Maryland, we have a law called contributory negligence. What that means is if you’re even 1% at fault for an accident, you cannot recover. So, we’ve got to make sure the other driver is 100% at fault for the accident.
Number two is damages: were you hurt? If you weren’t hurt, you don’t have a personal injury case. You might have a property damage case, but you don’t have a personal injury case. And number three is insurance/assets: is there a way to get paid? Does the other driver have insurance? Do you have uninsured motorist coverage? Is there a deep pocket or a corporation involved? If you have those three things—liability, damages, and a way to get paid—you have a personal injury case.
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Adam Smallow Injury Lawyers