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If you have any questions do not hesitate to contact a knowledgeable attorney at Goldberg Law.
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FAQS
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WHAT IS MY INJURY CASE WORTH?
In order to determine what any case is worth it is critical to understand what damages are legally available. There are economic damages which include past medical expenses, future medical expenses, lost wages, lost employment opportunities, and damage to property. You are also entitled to compensation for non economic damages which includes “pain and suffering,” inconvenience, and scarring. In Maryland Non-Economic Damages are capped at approximately $890,000.00. Another important factor to consider is the amount of insurance coverage available for any particular case. Practically speaking it is very difficult to collect on damages in excess of available insurance coverages. There are other factors to consider including health insurance liens on the recovery.
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HOW LONG DO I HAVE TO FILE AN INJURY LAWSUIT IN MARYLAND?
For most cases in Maryland the legal deadline to file a negligence lawsuit is 3 years from the date of the injury. Minors who are injured have until their 21st birthday to sue. Claims against governmental entities typically have strict notice requirements as short as 6 months from the date of injury. There are exceptions to these legal deadlines. For example a minor generally would have until his 21st birthday to file a lawsuit for negligence that occurred when under age 18. When an injury occurs, it is important to pursue the claim as soon as possible after the incident so that witnesses recollections are fresh, and evidence does not disappear. Do not wait until the last minute. Most lawyers will not take an injury case shortly before the statute of limitations expires. It is important to consult with a lawyer immediately after an injury due to negligence. Every case is different and the statute of limitations varies from state to state and from cause of action to cause of action.
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WHAT ARE THE MOST COMMON TYPES OF PERSONAL INJURY CASES?
The most common types of personal injury cases involve but are not limited to; car accidents, truck accidents, medical malpractice, slip and fall, wrongful death, dog bites, and product liability. Goldberg Law also provides legal representation to victims of sexual assault with a particular focus on representing adults who were sexually assaulted when they were under the age of 18.
If you have suffered an injury or sexual assault due to negligence in Gaithersburg, Maryland, you should consider obtaining legal representation to get the justice you deserve. While no amount of payment will ever be able to restore the state of physical and mental health you were in prior to the injuries you have suffered, financial compensation might help you pay for medical bills and other costs not covered by your insurance or those that may result from your injuries.
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HOW DO I KNOW IF I HAVE A STRONG CASE?
Our legal team can explain your legal rights as an injured party. Initial consultations are typically over the phone or zoom (online). The complicated legal rules in Maryland regarding personal injury laws make it difficult to understand if you can move forward with a personal injury lawsuit. Without a skilled personal injury lawyer, the responsible party and their insurance company may offer you significantly less than your claim is worth.
Unfortunately, Maryland is one of about 4 states in the USA that has pure contributory negligence. That means that if a jury finds that you are even 1% at fault for the injury, you cannot recover any damages. We are able to get over the contributory negligence in nearly all of the cases that we accept and pursue. It is important to understand this law because it can impact the settlement value of your case.
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HOW CAN A PERSONAL INJURY LAWYER ASSIST ME?
Often accident victims who have been injured do not realize their full legal rights. The fact is you could be entitled to compensation for your injuries if another party’s failure to act or negligence caused you to sustain harm or injury.
If you have been injured, the first step towards getting justice is hiring a personal injury lawyer in Gaithersburg, MD, who has experience handling cases similar to yours. Be wary of insurance adjusters who call you. They are trained to trick injured victims into early cheap settlements.
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WHAT IF THE OTHER DRIVER DOES NOT HAVE INSURANCE OR DOES NOT HAVE ENOUGH INSURANCE TO COVER MY CLAIM?
Some drivers either do not purchase insurance or they let their policies lapse because they did not pay the premium. Also, some drivers do not carry enough liability insurance to pay the full value of your injury claim. This is where Uninsured Motorist Coverage comes into play. Most auto insurance policies issued in Maryland have uninsured motorist coverage. This coverage often serves as both uninsured motorist coverage and underinsured motorist coverage. If you are in a car accident with an uninsured driver or an underinsured driver, you can make a claim on your own policy for “uninsured motorist coverage.” This coverage may also apply after a hit-and-run accident when the police cannot locate or identify the driver of the car that left the scene.
Uninsured motorist bodily injury coverage pays for medical expenses. For example, in Maryland you are required to purchase at least $30,000 per person and $60,000 per accident of liability coverage and uninsured motorist coverage (unless waived).
Uninsured motorist claims can be complicated, which is why you should discuss the situation with an experienced car accident attorney.
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WHAT LEGAL CLAIMS ARE AVAILABLE IF I AM INJURED IN A CAR ACCIDENT?
• Claim against driver who caused the accident.
• Claim for Personal Injury Protection (PIP Claim) and Med Pay Coverage on your own insurance policy, or the policy for vehicle you were in.
• If you were working at the time of the injury, a Workman’s Compensation Claim can be made.
• If the other driver did not have insurance or had low limits of insurance then an Uninsured Motorist Claim can be made.