Why Maryland Personal Injury Cases Sometimes Fail

When you are injured as a result of someone else’s negligence, you want to recover as much as you possibly can for your medical bills, property damage, lost wages, and your pain and suffering.  Unfortunately, hundreds of Marylanders miss out on money they are entitled to because they (and their attorneys) play right into the insurance companies’ hands.  The following are some common pitfalls that can potentially doom a personal injury case and reasons you need an experienced Maryland personal injury attorney.

In car accident litigation, one of the most common claims made by an insurance company is that a plaintiff could not have suffered such catastrophic injuries if there was comparatively little damage to the plaintiff’s vehicle.  They are often prepared to present experts in court that will testify to the lack of force during the impact given the modest damage.  Fortunately, experienced plaintiffs’ attorneys know that there is not always a direct correlation between vehicle damage and the injuries to the plaintiff.  There are an infinite amount of factors that contribute to what injuries a plaintiff sustains, including the orientation of the vehicles at impact, the relative frailty of the plaintiff, and the types of automobiles involved.  Only you can feel the pain of your injuries.  Therefore you need a skilled litigator who can force a good settlement or win the courtroom battle.

Another complicating factor in car accident litigation is the possible existence of a pre-existing injury or condition.  Insurance companies will be quick to examine your medical records to determine whether any injuries you sustained in the auto accident affect any areas of your body that had previous medical issues.  They will claim that the pain you are experiencing is due to the previous injury or condition and try to minimize the impact of the accident on those areas of the body.  An experienced attorney will not let an insurance company bully you into a lower settlement just because you have pre-existing conditions.  Your auto accident was a separate event and caused separate pain and treatments.  You are entitled to your money despite what they say.

The final complication that insurance companies like to jump on is a gap in treatment.  Their favorite gap in treatment is any gap between the time of the injury and your first medical attention.  The larger this gap, the more likely an insurance company will claim that you weren’t really injured.  Their logic is that if you were truly injured, you would have sought medical treatment sooner.  However, this logic does not always hold water.  Sometimes accident victims are intimidated by the prospect of beginning a long course of treatment.  Sometimes victims are afraid of the hospital or the doctor’s office.  Sometimes symptoms do not manifest themselves immediately.  Experienced plaintiffs’ attorneys can explain any gaps in treatment so that they don’t jeopardize your case.

Insurance companies will stop at nothing to make sure they pay as little as possible on your personal injury claim.  Shouldn’t you have someone in your corner who is just as motivated?

See related blog posts

DC Metro Area Poses Heightened Accident Risk

Proving a Personal Injury Case in Maryland

This entry was posted in Car accidents, Motorcycle accidents, Pedestrian Accidents, Personal Injury, Wrongful Death and tagged , , . Bookmark the permalink.

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