Detailed Answer
This guide explains practical next steps to move a Maryland personal injury claim forward after you have the crash report. It assumes you have little or no legal background and walks through medical, insurance, evidence, and procedural steps so you can preserve your rights and evaluate settlement or lawsuit options.
1. Read the crash report carefully
Confirm basic facts: date, time, location, vehicle information, officer’s narrative, diagram, and listed witnesses. Note errors or omissions. The crash report is a helpful starting point, but it is not conclusive proof of liability.
2. Seek and document medical care immediately
- See a doctor right away, even for minor symptoms. Some injuries (e.g., whiplash, internal injuries) show up later.
- Follow treatment plans; missed care can hurt your claim.
- Keep copies of all medical records, bills, prescriptions, and receipts for out‑of‑pocket expenses.
3. Preserve and collect evidence
- Take photos of injuries, vehicles, road conditions, skid marks, traffic signs, and the scene.
- Collect contact information for witnesses listed on the report and anyone else who saw the crash.
- Preserve vehicle repair estimates and receipts. Consider asking the repair shop to keep the damaged parts if possible.
- Save any correspondence, notes about how you felt after the crash, and a timeline of missed work or daily activity limitations.
4. Notify your insurer and the other driver’s insurer
Maryland policies usually require prompt notice of accidents. Give basic facts but avoid a detailed recorded statement or admitting fault without consulting counsel. Provide the crash report number and copies of medical records as they accumulate.
5. Track and calculate damages
Document economic losses (medical bills, future medical estimates, lost wages, transportation). Also document non‑economic harms (pain and suffering, loss of enjoyment). A lawyer can help value non‑economic damages.
6. Demand package and settlement negotiation
After treatment stabilizes, you or your lawyer can send a demand package to the at‑fault party’s insurer. Typical contents:
- Cover letter explaining the claim
- Crash report and photos
- Medical records and bills
- Proof of lost wages
- Settlement demand amount and deadline
Insurers often respond with counteroffers and may request more documentation. Maintain clear records of all communications.
7. Know Maryland timing rules (statute of limitations)
Most personal injury claims in Maryland must be filed within three years of the injury. See Maryland Code, Courts & Judicial Proceedings § 5-101 (3-year limit). Missing this deadline can bar your claim, so act promptly: Maryland Code, Courts & Judicial Proceedings § 5-101.
8. When to consider filing a lawsuit
If settlement talks stall or the insurer refuses to pay reasonable compensation, you may need to file a civil lawsuit in Maryland circuit court. Filing starts formal litigation and triggers discovery (exchange of evidence), depositions, and potentially a jury trial. Your attorney will advise on jurisdiction, venue, and timing.
9. Consider hiring a personal injury attorney
An attorney can:
- Evaluate the crash report and other evidence
- Manage communications with insurers
- Calculate present and future damages
- Protect you from pitfalls (inadvertent admissions, missing deadlines)
- File suit and represent you in court if needed
Most Maryland personal injury lawyers handle cases on a contingency-fee basis (they get paid only if you recover). Ask potential attorneys about fees, costs, and a written retainer agreement.
10. Practical tips on communication and behavior
- Do not post about the crash or your injuries on social media—insurers can use posts against you.
- Be truthful and consistent in all statements to doctors and insurers.
- Respond promptly to information requests but consult counsel before signing releases or giving recorded statements.
For general court process and self-help resources in Maryland, see Maryland Courts’ civil self-help pages: https://www.mdcourts.gov/selfhelp/civil. For obtaining crash reports and guidance from law enforcement, see Maryland State Police crash report information: https://mdsp.maryland.gov/Organization/Pages/Crash_Reports.aspx.
Disclaimer
This is general information only and is not legal advice. It does not create an attorney‑client relationship. For advice about your specific case and rights under Maryland law, consult a licensed Maryland attorney.
Helpful Hints
- Start medical care immediately—even if symptoms seem minor at first.
- Make photographic and written notes about the scene and your injuries within days while memories are fresh.
- Keep a single folder (digital or physical) for all crash-related documents: the crash report, medical records, receipts, repair estimates, and correspondence.
- Do not sign any full medical release or settlement without understanding how it affects future claims; ask for records-limited releases when possible.
- Ask insurers to confirm any settlement offer in writing, and verify it includes medical liens or subrogation issues.
- Contact a lawyer before giving recorded statements or agreeing to a quick settlement that does not account for future medical needs.
- Note the filing deadline: typically three years from the injury under Maryland law (CJ § 5-101).