What Impact Does The Cause Of An Auto Accident Have On My Case?

In Maryland, the cause of an auto accident will have a huge impact on a case. Maryland is one of a handful of jurisdictions that still recognize the doctrine/law of contributory negligence, which means that even if a person is only one percent at fault for an accident, then there will be no recovery. Other jurisdictions recognize comparative negligence, which means that a person will receive recovery based on the percentage of their contribution to the accident.

 What If I Was Not Wearing A Seatbelt At The Time Of My Accident, Can I Still Recover Damages?

If a person was not wearing a seatbelt at the time of an accident, and if the failure to wear the seatbelt was determined to be a proximate cause of their injuries, then their case could be considerably damaged. However, it does not necessarily mean that if a person was not wearing a seatbelt, then they cannot recover.

 Should I Release My Medical Records To Any Insurance Company?

Whether or not someone should release their medical records to an insurance company will depend on the particular case. If I am representing a client, I will collect all of the medical records. I generally do not have my clients sign releases allowing insurance companies to collect their medical records. Some releases are just too broad, and it is important to ensure that we remain HIPAA compliant.

 Is There Anything That I Share With My Medical Doctor That Could Ever Be Used Against Me?

Every treatment note and statement made by a patient to their medical doctor may become part of their medical record, and anything in that record that is material and relevant may be used as evidence in a case. The jury or judge will review this medical information when deciding how much to award or pain and suffering. Information that is given to a medical doctor that has nothing to do with a case should be protected information; we would identify this information and redact them from the record.

 Can I Still Win My Case If My Memory Of The Accident Conflicts With Things I Might Have Said At The Time Of The Accident?

If a person’s memory conflicts with what they said at the time of an accident, they can still win their case, but it will be more difficult to do so, as opposing counsel may point out the inconsistencies in the statement. Inconsistent statements always raise red flags as to the credibility of the client who is the primary witness. This is part of the reason why I strongly advise people against giving statements at the scene of an accident; statements concerning repair of vehicles are okay, but statements made about injuries or pain should be avoided.

 What Role Does The Police Report Play In My Personal Injury Case After An Auto Accident?

In Maryland, police reports are not admissible in court: the officer rarely witnesses the accident occur. However, the officer may review the report to refresh his/her memory. The witnesses named in a police report can testify in court, but the report itself is not a determinant of liability. However, insurance companies rely heavily on police reports and make liability decisions based upon them.

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