What Is The Personal Injury Claims Process In Maryland?
The personal injury claims process is Maryland should always begin with a consultation with an attorney. Having an attorney will ensure that one’s rights are protected and that everything is properly documented throughout the case.
The second step in the personal injury claims process should involve an investigation by the personal injury attorney on behalf of the claimant. A crucial part of the investigation is the gathering of evidence, such as police reports, photographs of the accident scene and vehicles, witness statements, medical bills, medical records, and employment records to show lost wages.
The third step in the process should involve an evaluation of the case by the attorney and preparation for settlement, including a demand package for the insurance company. The demand package should include a demand letter which outlines the case and theory of liability. If it is for an auto accident case, then it should state how the accident occurred, what damages the claimant has suffered, and the amount for which they should be compensated. It usually takes about 60 days for the insurance carrier to review the demand offer. Most insurance carriers will make a counteroffer, and negotiations will follow.
If the case doesn’t settle because liability is in dispute or a fair settlement cannot be reached, then the attorney would file a personal injury lawsuit. This would be accomplished by drafting the proper paperwork and complaint interrogatories, and filing suit for the amount of money believed to be appropriate by the claimant and their attorney.
What Happens If The Other Party Has Minimal Or No Insurance In A Personal Injury Case?
If the at-fault party in an auto accident does not have insurance, then an uninsured motorist claim could be filed with the injured party’s own insurance company. This is considered a contractual claim rather than a negligence claim because it is based on a clause in the injured party’s insurance policy. It’s very important to have the uninsured motorist clause because it can protect someone who has been injured by an uninsured motorist.
An underinsured motorist claim is similar in that it would cover the difference between what the at-fault party’s policy covered and the actual amount of medical bills associated with the injury. For example, if the at-fault driver’s insurance policy covered $30,000 per person and $60,000 per claim, but an injured party’s medical bills amounted to $100,000 then they could use under insured motorist coverage under their own insurance policy to cover the difference of $70,000.
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