FREQUENTLY ASKED QUESTIONS ABOUT ACCIDENTS AND PERSONAL INJURIES

Q : When do I have the right to recover damages as a result of an accident?

A : To recover damages as a result of an accident you must have suffered an injury to your person or property as the result of someone else's fault. It is not always necessary to have a physical injury since damages may be recovered based on a variety of nonphysical losses and harms. In cases of assault, for example, you do not need to show that a person's action caused you actual physical harm but only that it caused an expectation that some harm would come to you.

Q : How much should I expect to pay in legal fees?

A : Personal injury lawyers generally charge their clients on a contingent fee basis. That means you pay your lawyer only if you win. Your lawyer is paid a percentage of the total amount recovered. You'll sign what is called a retainer agreement with the lawyer you choose to represent you, clarifying all fees and charges. Usually in all cases, whether you win or lose, you are likely to have to pay the expenses of investigating and litigating your will have to pay expenses such as court filing fees and payments to investigators, court reporters, and medical experts, as well as the expenses of securing medical records and reports.

Q : How are my damages determined?

A : Damages can include compensation for such expenses as medical bills and lost wages, as well as compensation for future wage losses. It also can compensate you for future lost wages and medical expenses and for physical pain and suffering. In addition, you may receive damages for any physical disfigurement or disability that resulted from your injury. The money is intended to restore your loss, is not considered as income, and is not taxable as income by the federal government or the states. An award of damages does not necessarily translate into immediate payment. You may have to take further legal steps to actually collect the money. If a defendant against whom you have won a judgment does not pay it, collection proceedings can be initiated. If the defendant owns property, for example, you may be able to foreclose on it. Another option would be to garnish the defendant's wages.

Q : How much time do I have to file my case?

A : All lawsuits must be filed within time limits set by law, called "statutes of limitations". In some cases you may have as little as one year to file a lawsuit based upon a tort causing personal injury. Unfortunately, if you miss the statutory deadline for filing a case, your case is thrown out of court.

Q : What if a person dies before bringing a personal injury lawsuit?

A : If a person injured in an accident subsequently dies because of those injuries, that person's heirs may recover money through a lawsuit. Maryland law permits an action when someone causes the wrongful death of another. If a person with a claim dies from unrelated causes, the claim survives in most cases and may be brought by the executor or personal representative of the deceased person's estate.

Q: What are the grounds for a medical malpractice claim?

A: A medical malpractice claim can be brought upon the failure of a medical professional to meet the standard of good medical practice in the area in which the medical professional practices. A medical professional may be a doctor, a nurse, a medical technician, or other health care provider. If the medical professional fails to meet the standard of good medical practice and harm results to a patient, the medical professional may be liable for any resulting damages. In the case of a doctor who is a medical specialist, the standard of care is determined by the standard of good medical practice in that specialty. In Maryland, most medical malpractice cases must first be presented to an arbitration panel before a cout action can be filed.