Personal Injury Litigation and Settlements in Maryland
Is litigation or a settlement the right option?
The decision to pursue injury litigation or accept a settlement offer depends greatly on the individual circumstances involved in your case. It also depends on whether you can handle the emotional and psychological consequences of a potentially prolonged legal battle, as some lawsuits span many years.
At Plaxen & Adler, P.A., we have represented Maryland injury victims for more than 30 years. We know how to evaluate the risks and rewards of litigating or settling, as well as identifying the potential financial, emotional, and psychological consequences of each course of action. To determine whether litigation or a settlement is the right option in your case, reach out to our knowledgeable team. The decision whether to settle or litigate a claim is your decision. This decision should be guided by the knowledge and experience of the personal injury lawyers at Plaxen & Adler, P.A.
Precautions to take during any personal injury claim in Maryland
Even if you are unsure of whether to pursue legal action for your injuries, you should be sure to keep the following precautions in mind after a personal injury accident:
Assume you are going to trial. From the very start of any personal injury case, you should assume that your case will go to trial. This means you should preserve any evidence you can, such as taking pictures of your car and taking down contact information for all witnesses to your accident. If you go into your claim with the right mindset, you are less likely to miss something that can be fundamental to filing a successful lawsuit or obtaining a positive settlement.
Be careful what you say to the insurance company. Sure, you pay your insurance company a fee every month to provide you with coverage in the event of an accident. That does not mean, however, that the insurance company is on your side. You should never give a statement to your insurance company without first speaking to a lawyer. Your personal injury lawyer can help you understand how you should frame your statement in a way that will not be detrimental to your claim.
Obtain medical treatment right away. Any insurance adjuster will question the severity of your injuries and the value of your claim if you do not seek appropriate medical care directly after your personal injury accident. Go to your doctor as soon as possible and be sure to follow your doctor’s orders exactly. Not doing this could give the insurance company a reason to limit or deny your benefits.
Filing a lawsuit after a car accident in Maryland
Let us say you are in a car accident. Under normal circumstances, you can file a claim with your insurance company who will pay for the damage to your car. But if you are in an accident where you suffer an injury, the responsible driver’s insurance company may offer you a settlement agreement in hopes of persuading you to not start a lawsuit. You can choose to accept the figure, but chances are, the amount they offered you is well below what you need to start the healing process.
Steps involved in pursuing a car accident lawsuit in Maryland
At Plaxen & Adler, P.A., we first seek to settle claims as quickly as possible without litigation, so that you can begin to recover as soon as possible. However, if an insurance company becomes unreasonable, it may be necessary to file a lawsuit on your behalf. If so, we will aggressively and zealously represent your interests in a court of law.
The experienced personal injury attorneys at Plaxen & Adler, P.A., can guide you through this process from start to finish by:
- Filing a complaint against those who caused you harm through your car accident, including physical injury and property damage.
- Serving the complaint on those parties.
- Responding to the complaint.
- Filing a cross-complaint or counterclaim.
- Collecting evidence during discovery, the phase of the process during which both sides engage in formal and informal interrogatories, take depositions of those involved, including witnesses, and gather appropriate expert testimonies.
- Filing any pertinent motions to the court, for example, seeking to restrict discovery or to compel compliance with discovery requests.
- Representing you in pretrial proceedings, including conferences to present and negotiate settlement offers, allowance of evidence. Your lawsuit could end here if you agree to a settlement offer.
If you do not receive a fair settlement offer from the insurance carrier, then your case proceeds to trial where a judge or jury will decide the case. We are well-known throughout Maryland for our innovative and proactive approach to practicing law and have built a reputation for fighting aggressively on behalf of clients throughout Maryland. In 2009, Bruce Plaxen was named Trial Lawyer of the Year by the Maryland Association for Justice and has built a nationwide reputation for his zealous court appearances.
When filing litigation makes more sense than accepting a settlement offer
There is one clear situation when litigating is better than settling. This occurs when the fault is clear, and the damages are straightforward, but the insurance company refuses to budge from a low-ball offer. We know insurance companies are out to save as much money as possible, so they can provide their investors with great profits, so we expect some negotiation. Negotiation doesn’t make sense when the insurance company refuses to see the value in a case, though. When we see this happen, we know immediately to pursue litigation, so we can get the best results possible for our clients.
Tell us about your personal injury or accident claim today for help deciding whether to litigate or settle
Before you can decide whether to litigate or request an injury settlement, you need to determine whether you have a valid personal injury claim. Contact us or call the Maryland personal injury attorneys of Plaxen & Adler, P.A. at 410.988.4449 to discuss your injuries during a free initial consultation. We offer 10 convenient locations throughout Maryland, including in Baltimore and Columbia, to better serve you.