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Do I Have a Case? Understanding Car Accident Claims in Maryland

People always want to know, “Do I have a Case?” after they have been in a car accident, especially if they were injured. So, how do you figure out the answer?

Suppose you’ve been injured in a car accident in Maryland. In that case, you may have a personal injury case if:

The other driver owed you a legal duty of care,
They breached that duty through negligent or reckless behavior,
Their actions directly caused your injuries, and
You suffered actual damages such as medical bills, lost wages, or pain and suffering.

A personal injury lawyer can help you determine if you meet these requirements and pursue compensation.

How to Know If You Have a Strong Legal Case

Knowing if you have a strong legal case involves careful consideration of the circumstances of your accident and how they fit in with relevant legal principles. If you’ve been injured in a car accident in Maryland, you need to understand four things to get the compensation you are entitled to with the help of a car accident lawyer.

Let’s go over these four things you need to know to find out if you have a legal case:

Key Element 1: Was There a Duty of Care Owed?

The first part of any personal injury claim based on negligence is proving there was a duty of care. This legal principle dictates that individuals have a legal obligation to act with a reasonable level of caution to prevent foreseeable harm to others.

In the context of car accidents, this duty is inherent, meaning drivers are legally obligated to operate their vehicles safely and in accordance with traffic laws to protect the well-being of other drivers, passengers, pedestrians, and cyclists.

Examples of following your required duty of care while driving are:

Maintaining a proper (legal) speed
Paying attention to the road
Obeying traffic signals

Key Element 2: Was There a Breach of That Duty of Care?

Once a duty of care is established, the next important element in determining “Do I have a Case?” is whether that duty was breached by the driver who hit you.

A breach of duty occurs when an individual fails to act with the level of care that a reasonable person would exercise in similar circumstances.

In a car accident, examples of breach include:

Speeding
Driving under the influence
Texting while driving
Running a red light
Violating traffic laws

These behaviors demonstrate a failure to uphold the standard of care expected of a responsible driver.

Key Element 3: Did This Breach Directly Cause Your Injuries?

Even if a driver acted negligently (had a legal requirement to drive safely and broke that requirement), establishing a personal injury case requires demonstrating a direct link between that breach of duty and the injuries you sustained.

This element, called causation, involves two parts:

Cause-in-fact: Would the injury have occurred “but for” the defendant’s negligent actions?
Proximate cause: Was the harm a foreseeable consequence of the defendant’s actions?

For instance, if a driver ran a red light and struck your vehicle, causing your injuries, the causation is typically clear. However, complexities can arise, and demonstrating this link is critical to building a strong case.

Essentially, this part is asking:

Whether the accident would still have happened if the defendant (the person who hit you) had acted safely, and
Whether the defendant’s actions were the main reason the accident happened.

If the answers are yes to both, then you have a better chance of winning your case.

Key Element 4: Did You Suffer Actual Damages?

The final element of a personal injury claim is the existence of actual damages resulting from the injuries.

Damages can include:

Medical expenses
Lost wages (past and future)
Pain and suffering
Emotional distress
Property damage

To successfully pursue a case, you must provide evidence of these losses, such as medical records, bills, and employment documentation.

Navigating the Question: “Do I have a Case?” and the Importance of Legal Resources

When evaluating whether you have a case after a car accident in Maryland, understanding these four elements is crucial.

Fortunately, reliable legal resources are available to help you gain insight, including:

However, while online resources can be helpful, a detailed evaluation by a personal injury lawyer is essential to truly understand the strength of your case.

Taking the Next Step: Determining If You Have a Case

Each car accident and resulting injury is unique.

A skilled Maryland personal injury attorney can:

Analyze the specific facts of your situation
Gather evidence
Investigate the circumstances of the accident
Provide expert guidance tailored to your needs

Understanding Your Legal Options

Contact the Law Office of David Wasser

If you’ve been injured in a car accident, don’t settle for less than you deserve.

Understanding the complexities of car accident settlements can be overwhelming, but you don’t have to navigate this process alone.

Click here to call the Law Office of David Wasser today to have your case evaluated and ensure you receive fair compensation.

The information contained in this article is general in nature and is not offered as legal advice or medical advice for any particular situation nor do they in any way create a legal relationship. The opinions and conclusions in this blog post are solely those of the author, are for general informational purposes only and not directed at any specific case or to be construed as legal advice. Any links provided by the author in this article are for informational purposes only and by doing so, the author does not adopt or incorporate their contents. The Law Office of David Wasser operates throughout Maryland and Washington D.C., including Rockville, Gaithersburg, Silver Spring, Bethesda, Potomac, Germantown, Frederick, Hagerstown, and Baltimore.

Our writers used secondary sources when writing this accident news post. These sources include but are not limited to local news sources, local and state police reports, social media posts, and eyewitness accounts about accidents that take place in and around Maryland and Washington, D.C. We have not independently verified all of the facts surrounding this accident, therefore, if you find any information that is not correct, please contact The Law Office of David Wasser immediately so that we can update the post. The photo used in this post was not taken at the accident scene.