An accident can turn your life upside down in an instant. Between medical appointments, missed work and conversations with insurance companies, it can be easy to say or do something that seems harmless but can negatively impact your personal injury claim.
In Maryland, where even the tiniest bit of negligence on your part can affect compensation, avoiding mistakes is essential to protecting your rights.
Maryland’s contributory negligence rule
Maryland has a strict contributory negligence rule that states if an injured person is found to have contributed to an accident, even by a very small percentage, they may be ineligible to receive any compensation. Insurance companies know this, so they often look for ways to shift some degree of fault onto the injured party.
Therefore, it’s essential that you avoid making any statements or taking any actions that could be interpreted as admitting responsibility on your part.
One mistake is delaying medical care. Seeking prompt medical attention protects your health and creates a medical record that connects your injuries to the accident. By delaying treatment, the insurance company may argue that your injuries weren’t serious or that something else caused them.
Soon after the accident, you may receive a call from an insurance company requesting a recorded statement. It may seem routine and harmless, but anything you say could later be used to minimize or deny your claim. Insurance representatives are not your friends. Their priority is finding a way to reduce their company’s financial responsibility.
Along those same lines, you may not want to accept an initial settlement offer from the insurance adjustor. While receiving money quickly can be tempting, early offers are often lower than what your claim is actually worth. Your injuries may require additional treatment, surgeries or rehabilitation.
Once you accept the settlement and sign the release, you generally give up your right to seek additional compensation if your condition worsens.
Many accident victims attempt to handle their personal injury claim on their own. Insurance companies train their employees to focus on minimizing payouts. You need someone who can evaluate your case, communicate with insurers on your behalf and help you get the compensation you deserve.