When someone is involved in a car accident, it can turn everything upside down, resulting in a lot of confusion. In this dizzy state, one of the first questions people ask is how long after a car accident can you sue, especially if it feels like too much time has passed. Maybe it’s been two years since the date of the auto accident, and you are wondering if you can still file an insurance claim. If you are in this boat, fear not, for we are here to help you!
At The Law Offices of Alex Poberesky, P.A., we guide car accident victims on their rights, filing deadlines, and the steps needed to get fair compensation. While this article will address the common areas of these cases, for the best results, you’ll want to schedule a free consultation with us to go over your case.
The Statute of Limitations for Car Accident Lawsuits in Maryland
Most states have a law that establishes the deadline to file a personal injury claim. This is commonly referred to as the statute of limitations. In Maryland, you have three years from the date of the accident to file the claim, which is why understanding the statute of limitations on personal injury claims in Maryland is crucial. Failure to do so means that you may lose the right to sue for damages or receive compensation.
To avoid this, it’s best to file your claim as soon as possible. This helps not only build a strong case but also ensures that crucial evidence can be gathered. As time wears on, evidence can fade.
If you aren’t sure about your filing deadline or if you want to know how long you have to file a car accident lawsuit, our team of personal injury lawyers will review your case for free.
Understanding What Time to Sue After a Car Accident
Accident victims are usually required to file a claim with their car insurer as soon as possible after a car crash. While your insurer might require you to file within a few weeks of the accident, the sooner you file, the better.
By filing sooner, you build a stronger case and ensure you follow the essential steps to take after a car accident to protect your claim. Of course, if you would ever like some help, we are here for you! Working with a lawyer also helps clarify how fault is determined in Maryland, which can greatly impact your case outcome.
Exceptions to the Three-Year Rule in Car Accident Cases
There are a few rare cases when you can file a personal injury lawsuit after three years. For example:
- If the accident victim was a minor at the time of the crash, the statute of limitations may not start until they turn 18.
- If a person is mentally incapacitated, the deadline may be paused.
- If an injury was discovered late (such as with some medical claims), well after the accident date, you may have more time.
But for most cases, three years is the limit. Don’t let doubts stop you from checking with a personal injury lawyer. We can tell you if your accident injury case qualifies for an exception.
What Happens if You Miss the Deadline for Your Personal Injury Claim?
Missing the statute of limitations for personal injury claims usually means the court will dismiss your case. Maryland law is strict about this. Insurance companies may also prolong the process, and understanding why car accident settlements take so long can help you better anticipate delays.
That’s why it’s so important to talk with an experienced lawyer as soon as possible. Sometimes exceptions apply, but waiting too long can mean you lose your right to compensation for your injuries and damages.
Steps to Take After a Car Accident: Protecting Your Injury Claim
Our legal team has found that by following the steps below, you have a greater chance of success in your case:
- Call the police and get an accident report.
- Get medical care right away for your injuries.
- Take photos of the accident scene, your car, and your injuries.
- Collect names and contact details of any witnesses.
- Report the accident to your car insurance company.
- Keep records of all medical bills, lost wages, and repair costs.
- Contact an experienced attorney for guidance.
How Much Can You Sue for After a Car Accident in Maryland?
In Maryland, most lawsuits do not have a set maximum amount. You can sue for damages that cover your medical bills, lost pay, pain and suffering, property damage, and more. The limits depend on the facts of your case and the insurance policy limits of both drivers.
For some lawsuits against a government entity, there may be special limits. In most car accident injury cases, your lawyer will help you file a claim for the full value of your injuries and damages.
Damages that Can be Covered by an Insurance Claim for Car Accident Injuries
After a car crash, your settlement can include compensation for:
- Medical bills (including hospital stays, surgeries, and physical therapy)
- Lost wages and loss of earning ability
- Pain and suffering, including emotional distress
- Damage to your car or other property
- Wrongful death damages for families who lost a loved one (for this, you’ll want to make sure and file a wrongful death claim as well)
Just remember that every case is unique, so there is no one way to tell you everything covered in your particular situation. This is why it’s best to reach out to an experienced personal injury attorney.
Hardest Injuries to Prove in a Car Accident Case
Soft tissue injuries (like whiplash, sprains, or back pain) and psychological injuries (like PTSD) are often the hardest to prove. Insurance companies sometimes deny or undervalue these claims. We work with medical professionals to document your injuries and show the full impact on your life.
What Not to Say When You File a Car Accident Claim
When you talk to insurance companies after a crash, avoid these mistakes and learn what not to say after an accident to protect your claim.
- Never admit fault or say “I’m sorry” for the accident.
- Don’t guess about facts or how the crash happened.
- Don’t say “I’m fine” if you have any injuries.
- Don’t give a recorded statement without your lawyer.
- Don’t sign anything without reviewing it first.
Insurance companies may use your words to deny your claim or lower your settlement. Your attorney should handle the tough conversations to protect your case.
How Long Does a Car Accident Lawsuit Take?
Some lawsuits settle in a few months; others take a year or more, especially if your case goes to court. Most are resolved before trial, but every case is different. An experienced lawyer will help move your case forward and fight for a fair settlement.
What If the Other Driver Has No Insurance or Leaves the Scene?
If you’re in a car crash and the other driver has no insurance, or if it’s a hit-and-run, you can still file a claim with your own uninsured/underinsured motorist coverage. Maryland requires all drivers to carry this coverage for exactly these situations.
Why You Need an Experienced Personal Injury Lawyer Long After a Car Accident
The truth of the matter is that these cases are often complicated and drawn out. Insurance adjusters are looking to get the smallest payout. This means that they will do anything to diminish your injuries or drag the case along until you accept their lowball deal. This is why understanding whether it’s worth hiring a car accident attorney can help you make the right decision for your case.
At the Law Offices of Alex Poberesky, P.A., we have over twenty-five years of experience dealing with all manner of personal injury cases. We know the ins and outs of the law and what makes a strong case. When you work with us, know that we will be:
- Filing car accident injury claims and lawsuits on time
- Gathering evidence from the accident scene and witnesses
- Negotiating with insurance companies for fair settlements
- Taking your personal injury lawsuit to court if needed
Managing these cases alone can be stressful. Let us do the heavy lifting for you! Our dedicated legal team works to ensure that everything is taken care of, keeping you in the loop at every turn. This reduces your stress, allowing you to focus on what’s most important: getting better.
Frequently Asked Questions About Filing a Car Accident Lawsuit in Maryland
The following FAQ about Maryland car accident claims will help you understand deadlines, fault rules, and what to expect.
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How long after a car accident can you sue for a personal injury?
Three years from the date of the accident is the standard deadline in Maryland.
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Can you file a car accident lawsuit after three years?
Most cases cannot proceed after three years unless a rare exception applies.
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What is the statute of limitations for personal injury claims?
You have three years after the date of the crash to file your claim.
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How much can you recover in damages in these cases?
There is no set maximum, except for certain claims against government agencies.
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What should you not say when filing a car accident claim?
Never admit fault, guess about facts, or say you’re fine if you’re not.
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Can you bring a lawsuit for accident injuries if you were partially at fault?
This strict rule is based on contributory negligence in Maryland, which bars recovery even if you are only 1% at fault.
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What happens if the insurance company denies your car accident claim?
Our car accident lawyers can appeal the denial and push for a fair outcome.
The Law Offices of Alex Poberesky, P.A.: Maryland’s Experienced Car Accident Injury Lawyers
If you were involved in a car accident, speaking with an experienced car accident lawyer in MD is one of the most important steps you can take, because time is not on your side. The law only gives you a limited window to file your car accident claim or sue for restitution. Missing the deadline means you may never get the compensation you need.
Our team at The Law Offices of Alex Poberesky, P.A. has helped hundreds of accident victims, both with minor and serious injuries, file lawsuits, negotiate with insurance companies, and win fair settlements. We know how stressful a car accident can be. Let us handle the law while you focus on your recovery.
Don’t wait around in stress! Protect your rights and call our car accident attorneys today to set up a free consultation! Call us now at (410) 484-0400.
