Auto Accidents

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Auto Accidents

An advocate for those injured due to the negligence of others.

The Law Office of Monica Guilarte will fully evaluate your individual case, and only takes cases in which she believes you are entitled to compensation. Monica will make sure you receive every dollar of damages and pain and suffering for your injuries. During the course of the claim, Monica will take away your headache of dealing with insurance companies, medical doctors, and incoming bills; this will allow you to focus 100% on your recovery. Relax and focus on getting better while Guilarte Law handles the stresses involved with auto accident claims.

Avoid being taken advantage of by pushy insurance adjusters.

Insurance companies will attempt to settle your claim quickly for little to no settlement to avoid a lawyer stepping in to protect your interests. Without a lawyer involved to level the playing ground, your case will proceed solely on the terms of the insurance company. Contact the Law Office of Monica Guilarte at the beginning stages of your claim to help fight for you at every step of the process.
  • Have you or a loved one been involved in an automobile or motorcycle accident?
  • Have you or a loved one been a pedestrian hit by a motor vehicle?

If so, contact the Law Office of Monica Guilarte to provide you with exceptional representation before speaking with any insurance companies.

Having a knowledgeable attorney on your side will make a significant difference in the success of your injury claim.

The Law Office of Monica Guilarte works all auto accident cases on a contingency fee basis. Therefore, Monica does not get paid if she does not settle the claim for you. No upfront costs or expenses.

First steps to take following an auto accident

  • Pull over safely and call 911
  • Exchange car insurance information with the other drivers involved. Obtain the auto insurance company name; policy number; license plate number of the vehicle; year/make/model of vehicle; driver’s name, address telephone number, and driver’s license number
  • If the police arrive on the scene, obtain the police report number.
  • Get the names, address and telephone number of any witnesses to the accident.
  • Take pictures of the vehicle’s property damage and the area surrounding the scene of the accident.
  • Seek medical attention for any injuries.

Before filing a claim with the insurance company, immediately contact the Law Office of Monica Guilarte

What is Personal Injury Protection Coverage?

 

  • Personal Injury Protection (PIP) is an auto insurance coverage for medical bills and lost wages that result from injuries in an auto accident. PIP coverage can range from $2,500 to $10,000. Maryland Law does not require PIP coverage on auto policies, but insurance carriers must offer the option when purchasing insurance. If you elect to waive PIP on your policy, a formal waiver must be signed. PIP coverage is very advantageous when you are injured in an auto accident, and therefore we do not recommend you waive it on your policy.
  • It is very important to note that there is a one-year statute of limitation on filing a PIP claim. The one-year begins from the date of the auto accident. If you fail to file the PIP claim within the required statute of limitations, you may be ineligible for the PIP benefits.
  • Once you become a client of The Law Office of Monica Guilarte, we will help you through the intricate process of filing the PIP claim without taking any fees from the PIP recovery.

 Is there a statute of limitation for auto accident cases?

There is a deadline or statute of limitation on the amount of time you have to file a lawsuit with the Court after an accident. Generally, the statute of limitations for an auto accident case is three years from the date of the accident. Failure to act within the required time period could bar you from any recovery. It is important to get an attorney involved as soon as possible to work with you on the case from start to finish. Waiting until the deadline to file a lawsuit could severely hinder your case.

Contributory Negligence

Maryland is one of four states that still apply contributory negligence instead of comparative negligence. Based on the law of contributory negligence, if you contributed to the accident in any way, you have no claim against the other driver who was the primary cause of the accident. Even if you contributed as little as 1% to the accident and the other party was 99% liable for the accident, you are barred from recovery.

Damages in auto accident cases

  • Economic losses:
    • Medical expenses- all medical bills you have incurred as a result of your injuries.
    • Lost wages & diminished earnings
  • Non-economic losses– intangible losses that do not have a dollar amount attached to them
    • Pain & Suffering- physical pain and mental anguish
  • Property Damage:
    • You are entitled to be made whole for any damages to your personal property.  The at-fault driver must pay to have your vehicle repaired. Your vehicle will be considered a “total loss” if it would cost more to repair the vehicle then the vehicle is worth.