Wheaton Car Accident Lawyers

Fighting For Those Who have been Injured in a Car Accident in Maryland

Montgomery County is the most populated county in Maryland. A byproduct of this prosperity is congested roadways. Unsurprisingly, these congested roadways lead to numerous traffic collisions every year.

If you were recently involved in a car accident in the Wheaton, Maryland area, you should retain the services of a top-rated Wheaton car accident lawyer. The attorneys at Portner & Shure, P.A. stand out among their peers, as seen in our numerous five-star reviews, the results we have obtained in past cases via settlements or judgments, and the recognition we have received from their peers in the legal community.

If you were involved in a car accident, contact Portner & Shure, P.A. online or by phone at for a free consultation with our car accident attorney in Wheaton.

What to Do After a Car Accident

The time period immediately following a car accident is crucial. Everything that follows is essentially an attempt to recreate the collision. As such, do not move your vehicle unless you are in an unsafe area. If you are able to, take photographs of your vehicle and the other driver’s vehicle. Along with this, identify potential witnesses to the collision and obtain their names and contact information. Additionally, obtain the other driver’s insurance and contact information. If one or both of the vehicles is not drivable, contact the police, as inoperable vehicles require the police to do a formal crash report. If you are hurt, seek medical attention.

Finally, at some point following the collision, the other driver’s insurance carrier will contact you. You should not talk to the other driver’s insurance carrier until you have retained the services of a Wheaton car accident lawyer.

Injuries & Medical Treatment Following a Car Accident

Automobile collisions can produce several types of injuries. These injuries can range from soft tissue injuries, such as contusions and sprains, to traumatic brain injuries and bone fractures. Regardless of the injuries you have sustained, it is a good idea to seek medical treatment following a car collision.

You can obtain medical treatment through your primary care provider, an urgent care center, or a hospital. In many cases, car accident victims are reluctant to seek medical treatment at hospitals due to a lack of health insurance. However, you can use your personal injury protection (PIP) insurance, which is available through your car insurance policy, to pay for medical bills.

Very often, people require physical therapy following a car accident. You can find a physical therapist with simple tools, like Google, or you can obtain a referral from your medical provider. Some victims find themselves unable to work following a car collision due to their injuries. If you are unable to work while recovering from your injuries, it’s important that you obtain medical documentation of this, such as a sick slip.

What is the Statute of Limitations for Car Accident Claims in Maryland?

In Maryland, car accident victims have limited time to file a lawsuit to recover damages. This time frame is known as the statute of limitations. In the state of Maryland, the statute of limitations for personal injury lawsuits resulting from an auto accident is typically three years from the accident date. This means you must file your claim within three years, or you risk losing your right to seek compensation through the court system.

However, there are exceptions to this general rule that could shorten or extend the filing deadline. It’s important to consult with our experienced team to ensure that your claim is filed within the appropriate time frame.

How to Prove Negligence in a Car Accident

Proving negligence is the cornerstone of any successful car accident claim. There are four key elements that are involved in proving negligence in a car accident case:

• Duty of Care: The first step is showing that the other motorist owed you a duty of care. In the context of car accidents, all drivers have a legal responsibility to operate their vehicles in a reasonably safe manner. This includes following traffic laws, paying attention to the road, and avoiding reckless behavior.
• Breach of Duty: The next element is demonstrating that the other driver breached their duty of care. This occurs when a driver fails to act reasonably under the circumstances, such as by speeding, driving under the influence, running a red light, or engaging in distracted driving. Evidence like police reports, eyewitness testimony, and traffic camera footage can be critical in proving that the at-fault driver had violated their duty of care.
• Causation: After establishing that the driver breached their duty, it’s necessary to show that this breach directly caused the incident and the resulting injuries. This is known as proving causation. In some cases, causation is clear, such as when a driver rear-ends another vehicle while texting. However, more complex accidents may require expert testimony or accident reconstruction to demonstrate how the at-fault driver’s actions led to the crash.
• Damages: Finally, you must demonstrate that the accident caused actual damages, whether they are physical, emotional, or financial. Medical bills, lost wages, property damage, and pain and suffering are all examples of damages that may be recoverable in a car accident claim.

Why Choose Portner & Shure, P.A.

Our Wheaton auto accident lawyer at Portner & Shure, P.A. make weekly appearances in the courthouses in Montgomery County. We are familiar with local judges and the community that makes up a potential jury pool. Along with this, our experience allows us to efficiently and accurately identify and evaluate potential cases.

After we are retained, we immediately begin investigating the facts surrounding a collision. We obtain evidence, such as previously taken photographs, attempt to contact witnesses and obtain police reports. Additionally, we also begin obtaining our client’s medical records and bills right away. After thoroughly reviewing the evidence and medical records, we prepare a written demand, which includes these items, and send it to the other driver’s insurance carrier. Following that, we begin settlement negotiations.

Navigating Denials & Defenses

Insurance companies often deny valid claims. If your claim was denied, you can file a lawsuit against the liable party.

In order to win a civil case in Maryland, a plaintiff must prove that the other driver was at fault and that the plaintiff suffered injuries as a result of the other driver’s negligence. A plaintiff must prove both of these things by a preponderance of the evidence; in other words, they must the evidence must be 51% or more likely to support the plaintiff’s claims. Accordingly, insurance companies deny claims and refuse to settle by claiming their driver was not at fault or by claiming that a plaintiff cannot prove their case.

Maryland continues to adhere to the common law defense of contributory negligence. Under this defense, if a plaintiff is found to have contributed to an accident, then they are completely barred from recovering anything. Insurance companies often use this defense and try to shift some of the blame onto the victim.

Another common defense used by insurance companies is to dispute the damages. Essentially, insurance companies routinely argue that no injuries occurred due to minimal property damage. Along with this, insurance companies routinely claim that medical treatment was not needed or that it was excessive.

Understanding Litigation & Damages

Our Wheaton car accident lawyers at Portner & Shure, P.A. are not afraid to fight for their clients. As experienced litigators, our attorneys are often able to successfully overcome common legal defenses asserted by insurance companies and obtain favorable results in courts. Accordingly, we are able to obtain favorable verdicts that reflect our client’s economic damages, such as medical bills and lost wages, and non-economic damages, such as pain and suffering.

Contact our Wheaton Car Accident Attorney in Today

We have been practicing law in Montgomery County and throughout Maryland for over 30 years. This has allowed us to build a reputation of excellence among our clients and peers. This reputation of excellence can be seen with the numerous awards our firm has earned and our many five-star reviews written by prior clients. All personal injury representation is performed on a contingency fee basis. Portner & Shure, P.A. receives no fee unless the victim obtains a settlement or judgment in court.

To schedule a free consultation regarding your case, call our Wheaton car accident lawyers at or contact us online.