Sarro Proctor Law
Expert Lawyers Serving
Hagerstown, Cumberland, and Frederick
Comprehensive FAQs About Workers' Compensation, Personal Injury, and Car Accident Claims in Western Maryland
Have questions about our legal services? Please browse through our FAQs below.
If you have more questions or need personalized legal advice, don’t hesitate to contact us. Our team of experienced attorneys is here to help you navigate your workers’ compensation, personal injury, or car accident case. Call us at 301-797-2611 or fill out our online form to schedule a free consultation.
Workers Compensation: FAQs
What benefits can I receive under Maryland workers’ compensation?
You may be entitled to several benefits, including medical treatment, wage replacement, and compensation for permanent injuries. These benefits are designed to help you recover while covering the costs of your injury.
How long do I have to file a workers’ compensation claim in Maryland?
In Maryland, it’s essential to promptly notify your employer of your injury and file your claim with the Maryland Workers’ Compensation Commission. Missing these steps may jeopardize your claim.
Can I choose my own doctor for workers’ compensation in Maryland?
Yes, in Maryland, you have the right to choose your own doctor. However, the insurance company may request that you see one of their doctors for an independent medical examination.
What should I do if my workers’ compensation claim is denied?
If your claim is denied, you have the right to appeal the decision. It’s essential to consult with a workers’ compensation attorney to review your case and help you navigate the appeals process.
Can I receive workers’ compensation if the accident was my fault?
Yes, Maryland’s workers’ compensation system is a no-fault system, meaning you can receive benefits regardless of who was at fault for the accident, as long as it occurred while you were performing your job duties.
How are workers’ compensation benefits calculated in Maryland?
Benefits are typically calculated based on a percentage of your average weekly wage before the injury. Specific formulas are used to determine your compensation for different types of benefits, such as temporary total disability or permanent partial disability.
Can I be fired for filing a workers’ compensation claim in Maryland?
It is illegal for an employer to retaliate against you for filing a workers’ compensation claim. If you believe you’ve been fired or discriminated against because of your claim, you should contact an attorney immediately.
How long can I receive workers’ compensation benefits in Maryland?
The duration of benefits varies depending on the nature of your injury and the type of benefits you’re receiving. Temporary benefits are paid until you can return to work, while permanent disability benefits may be paid for a specific period or for life.
What types of injuries are covered under workers’ compensation in Maryland?
Workers’ compensation covers a wide range of injuries, including those caused by accidents, repetitive stress injuries, and occupational diseases. The key requirement is that the injury must be work-related.
Can I sue my employer if I receive workers’ compensation?
In most cases, workers’ compensation is the exclusive remedy against your employer, meaning you cannot sue them for a work-related injury. However, there are exceptions, such as if your employer intentionally caused your injury.
Personal Injury: FAQs
How long do I have to file a personal injury lawsuit in Maryland?
In Maryland, the statute of limitations for filing a personal injury lawsuit is generally three years from the date of the injury. It’s crucial to act within this timeframe to preserve your right to seek compensation.
What should I do immediately after a personal injury accident?
Immediately after an injury, you should seek medical attention, document the accident scene, collect witness information, and contact a personal injury attorney to evaluate your case.x
How is pain and suffering calculated in a personal injury case?
Pain and suffering are typically calculated using either a multiplier method (multiplying your actual damages by a certain number) or a per diem method (assigning a daily rate for your suffering). The amount varies based on the severity of your injuries and their impact on your life.
Can I still recover damages if I was partially at fault for the accident in Maryland?
Maryland follows a contributory negligence rule, which can bar you from recovering any damages if you are found to be even 1% at fault for the accident. This makes it crucial to work with an experienced attorney who can help prove the other party’s liability.
What types of damages can I recover in a personal injury case?
In a personal injury case, you can typically recover damages for medical expenses, lost wages, pain and suffering, property damage, and, in some cases, punitive damages.
How long does it take to settle a personal injury claim?
The timeline for settling a personal injury claim varies based on the complexity of the case, the severity of injuries, and the willingness of the parties to negotiate. It could take anywhere from a few months to several years.
Do I need a lawyer for a personal injury claim?
While you can technically file a personal injury claim on your own, having a lawyer greatly increases your chances of receiving fair compensation. An attorney can navigate the legal complexities, negotiate with insurance companies, and represent you in court if necessary.
What is the average settlement for a personal injury case in Maryland?
Settlement amounts vary widely depending on the specifics of the case, including the severity of the injury, the clarity of liability, and the insurance coverage available. Consulting with an attorney will give you a better idea of what to expect in your specific situation.
How do I prove negligence in a personal injury case?
To prove negligence, you must show that the other party owed you a duty of care, breached that duty, and caused your injury as a result. Evidence such as medical records, witness statements, and expert testimony can be crucial in proving negligence.
What should I expect during a personal injury lawsuit?
A personal injury lawsuit typically involves the filing of a complaint, discovery (exchange of evidence), settlement negotiations, and, if necessary, a trial. Throughout the process, your attorney will guide you and advocate on your behalf.
Car Accident: FAQS
What should I do immediately after a car accident in Maryland?
After a car accident, ensure your safety, call the police, exchange information with the other driver, document the scene, and seek medical attention. It’s also important to contact a car accident attorney to help with your claim.
How long do I have to file a car accident claim in Maryland?
In Maryland, you generally have three years from the date of the accident to file a lawsuit for personal injury or property damage. However, it’s advisable to start the process as soon as possible to preserve evidence and witness testimony.
Can I still recover damages if I was partially at fault in a car accident in Maryland?
Maryland follows a contributory negligence rule, which means if you are found to be even slightly at fault for the accident, you may be barred from recovering any damages. This makes it critical to work with an experienced attorney to build a strong case.
What types of compensation can I receive after a car accident?
You may be eligible to receive compensation for medical expenses, lost wages, pain and suffering, property damage, and, in some cases, punitive damages. The specific amount depends on the circumstances of your case.
How is fault determined in a Maryland car accident?
Fault is determined based on evidence such as police reports, witness statements, traffic laws, and accident reconstruction. In Maryland, proving the other driver was entirely at fault is essential to recovering damages.
Should I speak to the insurance company after a car accident?
It’s generally advisable to speak with an attorney before communicating with insurance companies. Insurance adjusters may try to minimize your claim, and anything you say could be used against you.
What if the other driver doesn’t have insurance?
If the other driver is uninsured or underinsured, you may still be able to recover damages through your own insurance policy’s uninsured/underinsured motorist coverage.
How much is my car accident case worth?
The value of your car accident case depends on factors such as the severity of your injuries, the extent of property damage, and the clarity of the other driver’s liability. An attorney can help evaluate your case and estimate its potential worth.
Do I need a lawyer for a car accident claim?
While it’s possible to handle a car accident claim on your own, having a lawyer can greatly increase your chances of receiving fair compensation. An attorney can handle negotiations, gather evidence, and represent you in court if necessary.
How long does it take to resolve a car accident case?
The timeline for resolving a car accident case can vary widely depending on factors such as the complexity of the case, the severity of injuries, and the willingness of the parties to settle. Some cases settle within a few months, while others may take years to resolve.