From what to do immediately after an accident to how long you have to file a lawsuit to what to expect in terms of compensation, it’s not unusual to have a lot of questions about your personal injury case.

While the final answer for you depends almost entirely on your case, where you live, and other factors unique to your situation, below you’ll find the most common answers and general guidance.

 What exactly is “personal injury” and how do I know if I have a case?

The legal definition of personal injury is “an injury to one’s body, mind, or emotions.” In other words, to your person and not your property. It’s a fairly broad and vague definition that leads to a myriad of other questions. Is a dog bite considered a personal injury? What about a slip-and-fall accident or a medical procedure gone wrong?

There are so many situations and types of accidents that qualify. Contacting an attorney is the best way to determine if you have a case. A good personal injury lawyer will go over all of the aspects of your accident and help you figure out whether you can sue, who you should sue, and what to expect if you decide to pursue a case.

What should I do first after an accident or injury?

First and foremost, seek medical attention. Nothing matters more than your safety and well-being. Remember, some injuries don’t fully manifest until a day or so after the accident, so even if you just feel “bruised” or “a bit achy,” get checked out. Think about the last time you went for a jog or pulled a muscle. It hurt much worse the next day, didn’t it? Your adrenaline spikes after an accident as well, which can prevent you from feeling the full effects of your injury.

The next thing to do is to call an attorney.  It might sound cliché but the insurance company’s interest is to pay as little as possible for every accident.  The insurance companies have individuals working for them that are trained specifically to accomplish this goal.  They will make contact with you very soon after the accident, often on the same day, and try to secure a statement.  The only statement you should make is directing them to your attorney.

How much do personal injury lawyers charge?

Nearly all personal injury lawyers work on a contingency, also called a “no recovery, no fee” policy. This means that you won’t have to pay anything upfront. Instead, your attorney will take an agreed-upon percentage of your settlement.  At SG Law, If there is no recovery, you pay nothing for our services.

Can posting on social media really hurt my case?

When you’re hurt because of someone else’s negligence, it’s natural to want to vent to your family and friends about it. You may even be tempted to tag the offending party in a lengthy Facebook or Twitter rant. Don’t do it. Sit on your hands if you must, but keep them away from that keyboard.

It sounds unfair, but your social media posts can be used against you and may even tank your case entirely. It’s best to stay off social media altogether throughout the duration of your lawsuit. Even seemingly mundane posts about how you had a great day at the park with your kids could be used as “proof” that you’re exaggerating your injury. Assume that the defendant’s attorney or insurance adjuster is reading everything you post…because they most likely are.

How long after an accident do I have to file a lawsuit?

The answer to that question depends entirely on where you live. If you’re in a car accident in Maryland, the statute of limitations is three years. In Virginia and many other states, you only have two years. A handful of states allow more time, and several only allow one year.  Remember, regardless of which state you live in, the clock starts ticking the moment your accident occurs. So don’t wait to call an attorney.

Should I file right away, or should I wait?

This is a tough question to answer without knowing the specifics of your injury. In some cases, your attorney may advise you to wait until you know the full extent of your injury and just how much ongoing care it requires. Also, keep in mind that sometimes the pain of one severe injury can actually mask another.

For example, if you break your leg in an accident, you may not notice right away that you also threw out your back. You’re in so much pain from your broken bone that your back pain just doesn’t register right away. Your best bet is to contact an attorney right away and let them guide you on how long you should wait to file.

What should I say if an insurance adjuster or the other party’s lawyer calls me?

When anyone who isn’t your lawyer calls you to discuss your case, simply say, “Contact my attorney.” Do not discuss your case with anyone else at all, even if the person on the other end of the line sounds genuinely sympathetic and claims that they’re “just trying to help” you resolve this.

Should I hire an attorney where I live or where the accident happened?

If you live in, say, Chicago and you’re injured in Frederick, Maryland, you may think it makes more sense to hire an attorney in your hometown. However, typically you’ll need to file your lawsuit where the accident happened. So, you’ll need an attorney who can legally practice in that state.

There are legal ways around that if you have your heart set on a local lawyer. However, it can complicate the process. So, it’s usually best to hire an attorney where your accident took place.

If I was at fault or partially at fault for an accident, can I still sue?

Unfortunately, this is another question for which there is no easy answer. In some instances, yes, you can sue even if you’re found partially at fault (or if you live in a no-fault state). However, if your accident is fully the result of your own negligence, then it’s unlikely that you can sue. Again, a good attorney will help you determine if you have a case, so even if you think you may be at fault, schedule a consultation.

Can I represent myself in a personal injury case?

Legally? Yes, you can represent yourself in your personal injury case (or any other case, for that matter). The better question is should you represent yourself? Typically, it’s not a good idea.

Whether you choose to represent yourself or hire an attorney, your case goes through the same lengthy multiple-step process. Before you decide to forgo an attorney, make sure you’re comfortable with that process. Some of the things you’ll need to know include:

• How to draw up and file your initial court papers.
• When and how to file motions.
• What to ask for during the discovery stage.
• How to draw up interrogatories for the discovery stage.
• How to negotiate a settlement.
• What to do if your case proceeds to trial.

Who covers my bills while I’m waiting for my case to settle?

Short answer: you are ultimately responsible for paying any upfront medical bills. However, the long answer really depends on your insurance and how you were hurt. If you’re injured in a car accident, for example, your car insurance may foot the majority of the bill upfront, then recoup the money out of your settlement. If you’re hurt in a work accident, Worker’s Compensation may cover your treatment. In other instances, your medical insurance may foot the bill.  Your own insurance may also have medical bill/expense coverage.  A good attorney will review your own insurance policy in detail to maximize your recovery from all sources.

How long will it take to settle my case?

Again, it really just depends on the case. If the defendant doesn’t dispute the fact that they’re at fault and just wants to settle quickly, it could take as little as a few months. Other times, the process could take years before reaching a resolution. Your lawyer will go over all of this with you and give you both a best and worst-case scenario timeline.

Will my case go to trial?

While it could go to trial, only about 5% of all personal injury cases actually do. The vast majority are settled out of court either between the two lawyers (yours and the defendant’s) or by a mediator.

What does a mediator do in an accident case?

A mediator is a neutral third party that helps guide you and the defendant toward a resolution that is acceptable to both parties. As the plaintiff, you’ll generally outline your case first. Then the defendant has a chance to speak. Once both parties have a turn, you’ll either work together towards a resolution or the mediator will separate you and act as a go-between.

It’s important to note that both parties need to agree to use a mediator. In other words, if your lawyer recommends against it, the other party can’t force you to go that route or vice-versa.

What is discovery?

Discovery is a legal term that essentially means “fact-finding mission.” During this stage of your case, both sides will demand certain information from the other to support their position. For example, the defendant’s attorney may demand that you turn over all of your medical records- including those from before your accident- to determine if you really did sustain the injuries you’re claiming AND that they were a result of your accident.

Both sides may also submit a list of questions that need to be answered, called interrogatories. Some of these questions can feel very intrusive. It’s common for the defendant’s attorney to request information related to your social media accounts, your emails, and even your personal diaries.

Why does the defendant’s attorney request ALL of my medical records? Do I have to give them?

During the discovery stage of your personal injury case, the “other side” will often ask for ALL of your medical records (versus just those that relate specifically to your injury). If you think about it from their point of view, their request makes sense. If you claim that a car accident caused a back injury, they want proof that you didn’t already have a back injury prior to the accident.

Unless you have a valid legal reason for objecting to the release of certain information, then yes, you will need to turn over all requested records. Your attorney will go over all of this with you and let you know which records you can reasonably object to releasing, however.

Should I settle my personal injury case?

To settle or not to settle, that’s the real question, isn’t it? For every pro to accepting a settlement, there is a con, and for each con a conflicting pro. For example, a settlement is faster than a trial, but a jury may award you more than the defendant is offering. On the other hand, they may award far less…or nothing at all.

Not to sound like a broken record, but your attorney is really the only one who can help you decide the right answer. Ultimately, it’s up to you. However, a good lawyer will lay out all of your options and help you make the most rational decision.

How much money will I get for my injury?

There’s no quick and easy answer to this question. How much compensation you’ll receive in your settlement depends on numerous factors, including the severity of your injury, whether or not you’ll need ongoing treatment, the emotional toll your injury took, and so much more.

According to one NOLO reader survey, the overall average is roughly $52,900. However, that only includes those who visited NOLO searching for an attorney and who ultimately participated in the survey. It may not include those with more severe injuries who found and retained a lawyer on their own.

How are damages calculated in personal injury cases?

Typically, damages are calculated by adding up your medical expenses, loss of pay from missed work, damage to your property (if applicable), any other expenses directly related to your injury, and your “pain and suffering.”

The Maryland Pattern Jury Instructions tell the jury:

In an action for damages in a personal injury case, you shall consider the following:

1. The personal injuries sustained and their extent and duration;
2. The effect such injuries have on the overall physical and mental health and well-being of the plaintiff;
3. The physical pain and mental anguish suffered in the past and which with reasonable probability may be expected to be experienced in the future;
4. The disfigurement and humiliation or embarrassment associated with such disfigurement;
5. The medical and other expenses reasonably and necessarily incurred in the past and which with reasonable probability may be expected in the future;
6. The loss of earnings in the past and such earnings or reduction in earning capacity which with reasonable probability may be expected in the future.
7. In awarding damages in this case you must itemize your verdict or award to show the amount intended for:
8. The medical expenses incurred in the past;
9. The medical expenses reasonably probable to be incurred in the future;
10. The loss of earnings and/or earning capacity incurred in the past;
11. The loss of earnings and/or earning capacity reasonably probable to be expected in the future;
12. The “Noneconomic Damages” sustained in the past and reasonably probable to be sustained in the future. All damages which you may find for pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium, or other nonpecuniary injury are “Noneconomic Damages”;
13. Other damages.

A personal injury case can be complex, time-consuming, and stressful.  You don’t have to face this situation alone. At SG Law, we stand by our commitment to providing you with the professional experience and personalized representation you deserve.

Do not wait to act. There are strict filing deadlines for personal injury claims. Call us today for a personal injury consultation and case evaluation at 301-363-0717. We have offices in Frederick, Maryland and Leesburg, Virginia, and serve clients in Northern Virginia, Maryland, and the surrounding areas.