Car Accident Lawyers

Clinton Car Accident Lawyers 

Motor vehicle collisions are some of the most devastating accidents a person can be involved in. If you have suffered catastrophic injuries and are unsure of how to get through this difficult time in your life, our team of knowledgeable Clinton car accident lawyers can help. The Jaklitsch Law Group has unparalleled experience advocating for accident survivors and recovering maximum compensation for injury victims across Clinton.

The car accident claims process does not need to be overwhelming despite your serious injuries. When you have a top-rated personal injury attorney on your side, you can focus on healing from your injuries. At the same time, our team goes up against profit-driven insurance companies and demands compensation for your damages on your behalf at trial. Contact our law office to request a 100% free consultation today. When you do, you can learn more about what to expect when negotiating with the insurance company, how much your car accident claim is worth, and what legal options are most suitable for your case.

Maryland Car Accidents Are Alarmingly Common

Across the state, there is no shortage of motor vehicle accidents. In fact, according to Zero Deaths Maryland, in conjunction with the Maryland Department of Transportation (MDOT) MVA’s Highway Safety Office, there were 108,443 motor vehicle accidents in 2022. Of these, there were:

• 79,885 collisions involving property damage
• 28,024 accidents reporting injuries
• 534 motor vehicle accident fatalities
• 40,716 total injuries
• 5,777 collisions and 2534 injuries involving alcohol or drug use
• 3,365 collisions and 1784 injuries involving aggressive driving
• 7,926 accidents that involved speeding
• 51,032 motor vehicle accidents and 21,225 injuries caused by distracted driving

The Injuries Accident Victims Endure Are Often Debilitating

Our car accident attorneys have seen a wide range of injuries over the years. Your injuries do not need to be life-threatening for you to have grounds for legal action against the liable party. Our clients have endured:

• Traumatic brain injuries
• Burn injuries
• Spinal cord injuries
• Concussion
• Amputation
• Paralysis
• Post-traumatic stress disorder (PTSD)
• Internal injuries and bleeding
• Septic shock from infected lacerations
• Whiplash
• Road rash
• Hidden injuries
• Broken and fractured bones
• Facial injuries and dental trauma
• Knee, hip, shoulder, or wrist injuries
• Back injuries

You Deserve Full Repayment of Your Damages 

Your highly experienced car accident attorney from The Jaklitsch Law Group will work tirelessly to ensure you are fully repaid for your damages. Several types of losses can be recovered by filing a claim with the insurance company. Since Maryland is a fault-based insurance state according to the Maryland Insurance Administration (MIA), you file a claim against the liable party’s insurance policy after a collision. 

These settlements are limited to the amount of coverage the liable party has purchased. Typically, insurance settlements only offer compensation for auto repair expenses, rental car costs, and a portion of your medical expenses. Any economic and non-economic damages that remain can be demanded through your personal injury lawsuit at trial under Maryland General Laws §11–108.

Economic Damages (Special Damages)

Economic damages describe the way your life has been affected financially. Some examples of economic damages could include:

• Healthcare expenses
• Out-of-pocket medical costs
• Co-pays
• Lost wages and income
• Loss of employee benefits
• Vehicle damage
• Insurance premium increases
• Credit score damage
• Loss of household services

Non-Economic Damages (General Damages)

Non-economic damages are more challenging to evaluate. Their impact can be subjective based on the specific circumstances of your case. They describe every other way your life has been affected by the collision without taking into account your financial losses. Some examples include:

• Chronic pain
• Suffering
• Skin scarring
• Embarrassment
• Loss of consortium
• Emotional trauma
• Mental anguish
• Indignity
• Shame
• Permanent disability
• Anticipation
• Disfigurement
• Reduced quality of life

Winning Your Clinton Car Accident Claim

It takes more than a law degree to win a car accident case. Dedicated auto accident lawyers on your side who have extensive trial experience and knowledge of the laws that will impact your car accident case. The Jaklitsch Law Group’s devotion to our clients is unparalleled. Here is a basic blueprint of how we go about winning car accident claims for our clients in Clinton:

We Need to Identify the Liable Party

First, we need to determine who is responsible for causing the accident. The potential liable parties might surprise you. You might have assumed that the driver that hit you is to blame, but this may not always be the case. Most often, when drivers are sued for damages, it is because they were operating a vehicle unsafely. Some examples of negligent driving include:

• Not stopping at red traffic lights or stop signs
• Failing to recognize and yield to the right of way
• Driving over the speed limit
• Not checking your blind spots before changing lanes or making a turn
• Making unlawful turns or lane changes
• Driving while fatigued
• Operating a vehicle while under the influence of drugs or alcohol
• Distracted driving (visual, manual, and cognitive distractions)

Auto Part Defects

Negligent drivers are not the only parties who should be held accountable. Sometimes, auto parts malfunction or are defective. We see this most often with tires, airbags (you have probably heard of the Takata airbag scandal in recent years), engines, and other auto parts necessary for the vehicle to function optimally. Vehicle part manufacturers, distributors, suppliers, and other third parties can all share liability for these types of collisions.

Dram Shop Liability 

You might also be hoping to sue local dram shops and social hosts. Unfortunately, Maryland does not have dram shop liability laws. Establishments that serve or sell alcohol to an individual who is already intoxicated cannot typically be sued for victim’s damages if a drunk driver goes on to cause a collision. Social hosts who may allow guests of any age to consume alcohol on their property can be held accountable for the victim’s damages and face criminal charges under Maryland Criminal Law § 10-117.

Fault of Government Agencies

Additionally, the Maryland Department of Transportation (MDOT) and local municipalities could share responsibility for your injuries if dangerous road conditions contributed to your collision. A failure to make necessary road safety repairs, lack of sufficient bicycle lanes or crosswalks, and failure to properly secure roadwork construction zones have all been known to cause debilitating car accident injuries. Once we know who is at fault for the injuries you sustained, we will have a better idea of whether we should begin filing a claim with the insurance company or start your claim off by filing a personal injury lawsuit.

We Must Prove Negligence 

For any car accident or personal injury lawsuit to be successful, we must prove the elements of negligence have been met. According to the Maryland State Archives, these include:

• Duty of care – The individual or entity accused of causing the accident must have had an obligation to your safety or well-being.
• Breach of duty – The accused must have failed to uphold their civic obligations.
• Causation – This breach in the duty of care must be the direct or indirect cause of your motor vehicle accident or the injuries you sustained.
• Damages – You do not need to suffer specific types of injuries. We must be able to prove that you have endured severe emotional trauma, physical injuries, or financial losses to win.

Evidence Must Be Clear and Convincing 

The burden of proof in civil lawsuits is not beyond a reasonable doubt the way it is in criminal court. In fact, the burden of proof in car accident and personal injury claims is based on a preponderance of the evidence, according to Md. Code Regs. 28.02.01.21. This means the evidence presented must convince the jury that the defendant is likely at fault for your collision. Some examples of evidence that could be powerful in convincing the jury of the defendant’s liability include:

• Photos of the accident scene
• The defendant’s blood alcohol test results
• Copies of the defendant’s driving history
• Video footage of the collision from traffic cams
• Dashcam footage of the auto wreck
• Witness statements and expert testimony
• Crash reports and collision data
• Testimony from responding officers
• Reports created by accident reconstructionists
• Data recovered from vehicle black boxes

File Quickly Before the Statute of Limitations Passes 

While you should not have to rush into filing a personal injury lawsuit after a car accident, time is not unlimited. In fact, you generally have just three years from the date of your collision to file your lawsuit under Md. Code Cts. & Jud. Proc., § 5-101. If you miss the statute of limitations deadline, the court system will very likely refuse to hear your case. 

Certain situations may allow the countdown to temporarily pause. This is commonly referred to as “tolling,” the statute of limitations. Generally, this happens when car accident victims are minors or injury victims are not diagnosed with an injury related to the collision until later.

Clinton Car Accident FAQ

After being involved in a traumatic motor vehicle accident, going through a complex claims process may be the last thing you want to take on. The sooner you take action on your claim, the sooner you can put this experience behind you and escape financial ruin. We understand you may have many unanswered questions about how car accident lawsuits and insurance claims work. 

Our auto accident attorneys have included a brief FAQ below that discusses some of the most frequently asked questions regarding motor vehicle accidents and claims in Clinton and across the state. If you have additional questions we do not cover here, reach out to our legal team to request a free consultation and get the individualized attention your case deserves.

What does it cost to hire a car accident lawyer in Clinton?

You do not have to pay anything out of pocket to work with a car accident lawyer from The Jaklitsch Law Group. We work for our clients on contingency as described by the Maryland Access to Justice Commission. We do not charge even one cent for our services unless or until we win. Once we win your case, a previously agreed-upon percentage of your award will cover your attorney’s fees.

Should I just accept a settlement offer from the insurance company?

We never recommend accepting a settlement offer from the insurance company unless a legal professional has reviewed it first. It is not unusual for insurers to make quick settlement offers to reduce their financial liability. They believe they can get away with settling for less than you deserve because they know you are in desperate need of financial support. 

We do not allow our clients to be taken advantage of. By having our legal team review your settlement offer first, you will be able to recognize whether the offer is fair and reasonable or whether you should make a counteroffer and continue negotiations.

Can I still file a car accident lawsuit even if I’m partially at fault for the collision?

Maryland is one of a handful of states that follows pure contributory negligence laws. If you are found partially responsible for causing your collision, you may miss out on an opportunity to recover the compensation you would have otherwise been entitled to. According to 2018 Session Senate Bill 465, sharing blame in Maryland prohibits injury victims from recovering compensation for their damages. 

For this reason, it is one of the most common laws defendants attempt to capitalize on to avoid their financial responsibility for your damages. Working with a zealous auto accident lawyer from The Jaklitsch Law Group is an excellent way to ensure culpability is accurately evaluated so the defense does not get away with blaming you for an accident that is not your fault.

Connect With Clinton’s Leading Car Accident Law Firm for Help Today

Your car accident may have been traumatic and left you with critical injuries and an excess of financial losses. The at-fault party should pay. Demand they be held accountable to the fullest extent of the law when you have a dedicated Clinton auto accident attorney from The Jaklitsch Law Group on your side. Our firm will carefully evaluate the details of your case to determine how to get the most out of your claim. 

Whether we need to negotiate for a reasonable settlement with the insurance company or bring your case to trial, our track record of success is unmatched. Have us put our 100+ years of combined legal experience to work for you and your family. Get started on your car accident insurance and civil claim when you call our office or complete our convenient contact form to schedule your free, no-obligation consultation as soon as today.