Lawsuit in Maryland Car Accident Cases: When Filing Suit Makes Sense

Most people don’t want a lawsuit. They want their life back.

So when a lawyer mentions “filing suit,” clients often worry:

• “Does that mean I’m going to trial?”

• “Is this going to take forever?”

• “Will it cost me more?”

• “Why can’t we just settle?”
  

Here’s the reality in Maryland:

A lawsuit is often a tool - not an outcome.

Many cases settle without trial, but sometimes filing suit is the only way to stop delay tactics and force the insurer to take your claim seriously.

This post explains the difference between settlement and litigation, when filing suit makes sense, and what actually happens after a case is filed.

Important: This is general information, not legal advice.

What a “Settlement” Really Means

A settlement is an agreement where you accept a payment in exchange for signing a release. In most cases, that release ends the claim permanently.

That’s why rushing is risky: once you sign, you typically can’t come back later if you discover:

• you need surgery

• your symptoms worsen

• you miss more work than expected

• you have long-term limitations
  

Why Insurance Companies Often Delay Settlement

Insurance companies may delay because:

• they want you to accept less out of financial stress

• they hope you stop treatment early

• they want time to build contributory negligence arguments

• they’re waiting to see if your injury “really sticks”

• they’re overloaded and “slow-walking” files
  

In Maryland Car Accident Cases, delay plus the “1% Rule” can be powerful leverage for insurers.

When Filing a Lawsuit Makes Sense

A lawsuit may be appropriate when:

1) Liability is disputed (or they’re hinting at “shared fault”)

If the insurer keeps asking questions designed to blame you, even slightly, litigation may be needed to force accountability.

2) The insurer’s numbers don’t match the evidence

If medical records, wage loss, and injury impact are well documented, but offers remain low, a lawsuit can move the case into a more structured process.

3) You’re approaching deadlines

Even strong cases can die if suit isn’t filed on time. Time pressure should be managed strategically, not emotionally.

4) The injuries are significant

Surgery cases, long-term treatment cases, and permanent injury cases often require more formal leverage.

What Happens After a Lawsuit Is Filed?

Filing suit usually triggers:

1. Service (the defendant is formally notified)

2. Answer/defenses (they respond and often deny key points)

3. Discovery (exchange of information, documents, interrogatories)

4. Depositions (sworn testimony fact-specific and not in every case)

5. Medical record review and sometimes medical exams

6. Motions (legal issues that can narrow disputes)

7. Mediation/settlement conferences

8. Trial (only if settlement doesn’t occur)
   

Many cases settle during discovery or mediation because:

• defense counsel becomes involved

• risk becomes clearer

• the insurer has to justify its position more formally
  

Does Filing Suit Mean You’re “Being Aggressive”?

Not necessarily. In many cases, it’s the opposite: it’s the calm, structured way to stop games and let the evidence speak.

A well-timed lawsuit can shift the message from:

“Please be fair”to“Here is the evidence, and we’re prepared to prove it.”

Falodun Law: Settlement-Focused, Trial-Ready

We aim to resolve cases efficiently when the insurer negotiates in good faith but we also prepare every case like it may need to be proven.

Call: (301) 289-7737 Visit: www.falodunlaw.com