What Happens If I Can't Settle My Maryland Personal Injury Case With The Insurance Company ?

What Happens If I Can't Settle My Maryland Personal Injury Case With The Insurance Company ?

As a general rule if discussions breakdown or a reasonable offer of settlement is never extended by an insurance company in the first instance, the only option available is litigation.


There are three things that you need to know about the litigation process.

What Are The Next Steps If An Insurance Company Won't Offer Fair Value For My Personal Injury Claim?

There are few things as frustrating as been treated objectively unfairly. There are not many events that can frustrate and inflame a person more than another failing to recognize and give credence to their position. When you add to the mix that the person being mistreated has been physically harmed, and may be in dire financial straits, the sense of injustice becomes magnified. Litigation is the only recourse.

There are three things that you need to know about the litigation process.

What's involved in litigation

What are the statutes of limitations or other time-sensitive requirements

The need to hire an experienced personal injury litigator.

“Litigation”, in general terms, is the legal process that follows one party filing a claim in a court of law against another party. This filing typically claims a legal wrong [like negligence] and damages. In the arena of personal injury, in the context of a motor vehicle accident claim, this would involve a person injured in an accident caused by another suing that other at fault person by the filing of a lawsuit. The person being sued- in a perfect world- gives the suit papers with which they are served to their insurance company who then hires are appointed lawyer to defend them.

In the arena of a dispute with your own insurance company, frequently called a first-party disputes, the process is similar. If your insurance company denies your claim or makes an unreasonably ridiculous settlement offer, you would file a claim directly against your own insurance company alleging a breach of contract. In egregious situations, there may be the additional remedy pursuing an administrative bad faith action.

The steps in litigation are discovery, pretrial motions and conferences, and trial.

Litigation can be expensive and lengthy. You should discuss the anticipated timeframes and costs of litigating your personal injury matter with the attorney of your choosing. The statute of limitations in Maryland for bringing a personal injury action is three years from the date of loss. Many surrounding jurisdictions employ shorter times. If a legal claim is not filed in a court of law before the expiration of the statute of it is barred forever. Moreover, in some instances a personal injury requires that a specific entity -usually a governmental actor-be placed on notice well in advance of the running of the statute of limitations. Here again, if notice is not given in the appropriate forum at the appropriate time, the claim may be forever barred.