A trial may be the best way for a plaintiff to obtain compensation in a Maryland injury case. It may allow the plaintiff to recover the most compensation, particularly when a reasonable settlement is not attainable. In other cases, a settlement may be preferable. Trials can drag a case out for years, especially if the case is appealed. It can also be draining, as parties often have to relive painful and emotional moments. A settlement may also allow a plaintiff to obtain compensation faster. It also guarantees payment, as opposed to a trial, which may result in the plaintiff receiving no compensation.
Parties may be able to obtain a settlement with one or more other parties, and proceed to trial with claims against others through a class action lawsuit. For example, a class action lawsuit may be appropriate when there is some defect with a motorcycle part or helmet resulting in many riders being injured. Some settlements require that the court approve the settlement, while others depend solely on the agreement of the parties. In the case of class action lawsuits, a court must find that the plaintiffs understand the terms of the settlement and to decide whether to join in or opt-out of the settlement and that the result of the agreement is fair.
There are also limitations on settlements obtained soon after an injury. Under Maryland Code § 5-401.1, a release by an injured individual that is signed within five days of the injury is voidable for 60 days. A party that may be at fault for another person’s injury also cannot negotiate or attempt to negotiate a settlement within 15 days of the injury. If a settlement or released is obtained while an injured individual is in a hospital or sanitarium and contrary to the law, it cannot be used “for any purpose in any legal action in connection with the injury.”
Motorcyclist and Bicyclist Killed in Collision
Two people were killed on a recent Saturday morning in a collision involving a motorcycle and bicycle, as one news source reported. According to police, three motorcycles were riding together when a bicyclist began to cross the road. One of the motorcyclists collided with the bicyclist and crashed.
The bicyclist, who was in his 50s, was brought to a nearby hospital and later died from his injuries. The motorcyclist, who was in his 30s, died on the scene. A witness reported that the motorcyclist was speeding at the time of the crash. He said that witnesses did not realize that a bicyclist was involved until they saw him “30 to 40 yards down the street.” Law enforcement continues to investigate the crash.
Call a Maryland Motorcycle Lawyer for Legal Advice
If you are interested in obtaining legal advice concerning your Maryland motorcycle accident claim, contact a personal injury lawyer at Lebowitz & Mzhen Personal Injury Lawyers. Our compassionate attorneys take pride in advocating for the rights of victims against careless drivers, insurers, and other defendants. We treat each client with the personal attention they deserve, taking the time to listen to their unique situation and tailor a plan to meet their specific needs. To schedule a free consultation, contact us today by calling us at 1-800-654-1949 or by filling out our online form.