Summary
In Maryland, personal injury cases must be filed within three years from the date of injury. Workers compensation and personal injury cases can proceed simultaneously, but sometimes lawyers advise settling workers comp first to avoid complications. If your injury occurred in 2018 and the workers comp case was settled in 2023, you may be past the limitation period for filing a personal injury lawsuit. Communicate your concerns with your lawyer or consider seeking a new one if necessary.Full Conversation
I need to talk to a lawyer regarding a personal injury case that has not been settled
Hello ****, I can help you understand your situation better. Could you please tell me in which state or country you reside?
My workers com case was settled in July * and my lawyer told me that he lifted the stay in January * *. I feel that he is not serious about settling this case for me because he said it is up to the court
Hello ****, I can understand your situation. May I know in which state or country your case is proceeding? This will help me provide you with a more accurate response.
Maryland
Hello ****. In Maryland:
- Personal injury cases are usually settled out of court.
- If it goes to court, it may take longer.
- Your lawyer's role is to advocate for you, not decide the case.
May I know more about your injury and the circumstances around it?
I was injured while I was in a business environment
Hello ****,
In Maryland, if you were injured in a business environment, you might be entitled to:
- Workers' compensation benefits
- Personal injury damages if negligence was involved
Could you please provide more details about the nature of the injury and the circumstances?
The workers comp was settled and the personal injury case had not
Hello ****, in Maryland:
- You can negotiate a settlement or take your personal injury case to court.
- A personal injury lawsuit must be filed within three years from the date of the injury.
- It's important to communicate with your lawyer about your concerns.
Is there a specific question you have about your personal injury case?
The injury happened * I have trying to get my lawyer to step up he will not keep giving me excuses
Hello ****,
- In Maryland, you are allowed to change lawyers at any point in your case.
- Communicate your concerns to your lawyer in writing. If no improvement, consider seeking a new lawyer.
- Ensure not to breach the three-year statute of limitations for personal injury cases.
Can you explain more about the 3 years statue of liminat
Hello ****, the three-year statute of limitations in Maryland means:
- You have 3 years from the date of the injury to file a lawsuit.
- If you fail to file within this time, you may lose your right to sue.
- For personal injuries, this period starts from the date of the injury.
The workers comp case was settled in July * the injury happened in *. Do I still have a case
Hello ****,
- In Maryland, the statute of limitations for personal injury cases is 3 years.
- Since your injury occurred in * and the worker's comp case was settled in *, you are past the limitation period.
- Therefore, it may be difficult to pursue a personal injury case now.
The lawyer told me that the workers comp case hsd to be settled first before we could start the personal injury case. Is that true
Hello ****,
- In Maryland, workers' compensation and personal injury cases are generally separate.
- They can proceed simultaneously, but sometimes lawyers may advise to resolve the workers' comp case first to avoid any potential offset or lien issues.
- Each case is unique, and your lawyer's advice may depend on specific factors in your case.
I don't understand
Hello ****,
In Maryland:
- Workers' comp and personal injury cases can proceed at the same time.
- Sometimes, lawyers may advise settling workers' comp first to avoid complications.
- However, each case is unique and depends on specific factors.
Does this clarify your query?
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