Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney to discuss your specific situation.
Detailed Answer
When a car accident makes a pre-existing injury worse, you need solid proof to secure fair compensation. Follow these steps under Maryland law to document and pursue your claim effectively.
1. Seek Immediate and Ongoing Medical Care
Obtain a prompt medical evaluation after the crash. Inform doctors about your prior condition and describe any new or increased pain. Continue all recommended treatments and attend follow-up appointments without delay. Each record establishes a timeline linking the accident to your exacerbated injury.
2. Maintain Comprehensive Medical Records
Request copies of all relevant records, including:
- Pre-accident medical history and imaging
- Post-accident exams, X-rays, MRIs and physical therapy notes
- Pain diaries documenting symptom changes day by day
Organize records chronologically to show deterioration after the collision.
3. Collect Supporting Evidence
- Photograph visible injuries, bruises and any assistive devices (braces, walkers).
- Gather witness statements or accident reports from police.
- Keep a log of work absences, household assistance costs and out-of-pocket expenses.
4. Understand Maryland’s Contributory Negligence Rule
Maryland follows a strict contributory negligence standard: if you bear any fault, even 1%, you cannot recover damages. Review Maryland Courts & Judicial Proceedings §5-201 for details. Accurately document how the other driver’s actions caused your worsening injury.
5. File Within the Statute of Limitations
In Maryland, you generally have three years from the accident date to file a personal injury lawsuit. See Cts. & Jud. Proc. §5-101(a). Missing this deadline bars your claim.
6. Prepare a Detailed Demand Letter
Before suit, send the insurer a demand letter. Include:
- Accident summary and liability explanation
- Medical records showing exacerbation of your condition
- Documentation of all economic (medical bills, lost wages) and non-economic damages (pain and suffering)
- A clear settlement amount based on your total losses
7. Consult a Maryland Personal Injury Attorney
An attorney can assess liability issues, gather expert medical testimony and handle complex procedural rules. They help you avoid the pitfalls of contributory negligence and maximize your recovery.
Helpful Hints
- Keep a daily pain and mobility journal to track changes.
- Take clear timestamped photos of injuries and accident scene.
- Retain all medical and repair receipts in a dedicated folder.
- Request copies of your full police and crash reports.
- Avoid posting details of your accident on social media.
- Obtain expert opinions to link the accident directly to your worsened condition.