Personal injuries caused by negligent, careless, and reckless driving are common in Maryland. If you have suffered injuries because of someone else’s driving, you should consult with an experienced Maryland car accident attorney in order to obtain the maximum relief available to you. There may be a significant gap between what you are entitled to and what another driver’s insurance company offers to pay you. Insurers retain significant percentages of the premiums paid by their insured members by not paying out the full value of what an accident costs to accident victims. Knowledgeable legal counsel can help you navigate the complexities of the insurance and damage recovery process, and assist you in seeking the financial compensation you deserve.
What to Do After a Car Accident in Gaithersburg to Protect Your Claim
The minutes and days following a crash can have a major impact on your ability to recover compensation. If you were injured in Gaithersburg or anywhere in Montgomery County, taking a few careful steps can help preserve critical evidence and strengthen your case.
Call 911 and request a police report: Make sure the responding officer documents what happened and how you were hurt.
Get medical care right away: Even if symptoms feel minor, prompt treatment links injuries to the collision and helps prevent complications.
Photograph the scene: Capture vehicle damage, skid marks, traffic signals, weather conditions, and visible injuries.
Collect witness information: Names, phone numbers, and brief statements can be invaluable if stories change later.
Be cautious with insurance adjusters: Avoid giving recorded statements or signing releases before you understand the full scope of your injuries.
Save every document and receipt: Medical bills, prescriptions, repair estimates, towing invoices, and missed-work records help prove losses.
Fatemi Law can step in early to handle insurer communications, gather evidence (including camera footage when available), and calculate the true value of your damages—so you’re not pressured into a quick settlement that falls short of your long-term needs.
Contact Fatemi Law to discuss your car accident case and learn what next steps make sense for your situation.
How Fatemi Law Strengthens Your Car Accident Claim
After a crash, the outcome of your case often depends on the details gathered in the first days and weeks. Insurance companies move quickly to limit what they pay—sometimes by disputing injuries, shifting blame, or pushing for an early settlement before you know the full cost of your recovery. Fatemi Law helps drivers and families in Gaithersburg, MD 20879 take control of the process with a clear plan and thorough preparation.
When you work with our team, we focus on building a well-documented claim designed to hold up in negotiations and, if needed, in court. Our approach typically includes:
Preserving key evidence such as crash reports, photos/video, witness statements, and available camera footage
Proving the full impact of your injuries by organizing medical records, treatment timelines, and how symptoms affect your daily life
Calculating damages accurately including current and future medical expenses, lost income, reduced earning capacity, and pain and suffering
Handling insurer communication so you don’t have to navigate recorded statements, paperwork, or pressure tactics alone
Preparing every case for trial to encourage fair settlement offers and avoid being undervalued
If you’re unsure what your next step should be, a quick conversation can help you understand what your claim may be worth, what deadlines apply, and what evidence is most important to protect right now.
Negligence Under Maryland Law
Negligence is one of the most common reasons for personal injuries from car accidents. In legal terms, negligence claims consist of: (1) a duty, (2) a breach of that duty, and (3) an injury (4) caused by the breach of duty. Those who are injured as a result of someone else’s driving may be entitled to compensation for all their current medical expenses, future medical expenses, the cost of vehicle repair, reimbursement for lost income, rental car expenses, and pain and suffering.
Maryland is one of five jurisdictions in the United States that continues to follow the “contributory negligence” doctrine instead of comparative negligence. In comparative negligence states, damages awarded to an accident victim are decreased according to his or her percentage of fault for an accident. In a contributory negligence state like Maryland, if an accident victim did not use due care and thereby “contributed” to the cause of the accident at all, he or she is barred from recovering anything. Therefore, if a jury finds the accident victim even 1% at fault for the accident, she cannot obtain an award.
Some examples of contributory negligence by the plaintiff are: speeding, making sudden or unexpected movements, riding with a drunk or sleepy driver, or riding in a car that has defects like faulty brakes or nonworking turn signals. Any of these actions can be a complete bar to a plaintiff’s recovery if they partially caused the accident. However, they do not act as a bar if they merely worsened injuries, rather than caused them.
Since 1868, Maryland has also followed the doctrine of the “last clear chance.” Under this doctrine, a defendant can be liable in spite of a plaintiff’s contributory negligence if the defendant has actual knowledge (or a duty to know) that a particular course of conduct is going to injure the plaintiff, but fails to use ordinary care to avoid the course of conduct where the plaintiff cannot be reasonably expected to avoid the accident himself. This standard is extremely difficult for a plaintiff to prove, just as the contributory negligence standard is hard to overcome.
Critics of Maryland’s use of the contributory negligence doctrine have long called for Maryland to change its personal injury rules. Until this happens, contributory negligence may be used as a full defense to a personal injury action. Due to the difficult standards imposed by these doctrines, it is imperative to retain an experienced personal injury attorney to advocate on your behalf. If you have been injured in an auto accident, the Maryland car accident attorneys at the office of Anthony A. Fatemi, LLC can evaluate your case and help you determine the best strategy for pursuing relief.
Fill out the contact form or call us at (301) 857-4914 or (301) 857-4914 to schedule your complimentary consultation.
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