Frequently Asked Questions

~The first thing that you should do is contact your insurance company immediately.  By rule you are required to file a response to the lawsuit within 30 days of service for a case pending in the circuit court and within 15 days of service for a case pending in the district court. It is therefore very important that your insurance company be notified immediately so that it can retain counsel to defend you and file an appropriate and timely response.

You should expect a phone call from this office within 24 hours of receiving the notice from the insurance company.  The purpose of the call is two-fold.  First, it is important for you to know that this office has received the assignment and will be filing a timely response to the lawsuit on your behalf.  Second, the call will give you the opportunity to ask any questions or raise any concerns you may have early on.  You will then receive a letter from this office with your copy of the Answer that has been filed on your behalf. 

This is a question that cannot be answered with certainty early on.  Civil lawsuits are often resolved at trial; however, the vast majority of cases are settled before that effort is necessary.  Your attorney will work with your insurance company to formulate a reasonable assessment of the strengths and weaknesses of your defense and of the plaintiff’s claim against you.  The goal of these efforts is to reach a reasonable resolution without the burden and risk of an actual trial.  Again, this is the outcome in most cases.

By rule in Maryland, if a plaintiff is seeking damages of less than $75,000, she must specify the amount in her Complaint.  If the plaintiff is seeking damages in excess of $75,000, she must not specify the amount (though some lawyers still do) but instead must simply include in the Complaint a general statement to the effect that the damages sought exceeds $75,000. This does not mean that the claim has that value.  That is a determination that is subject to a host of factors that are developed through the course of your lawyer’s efforts.  It is not uncommon for cases in which the claimed amount exceeds $75,000 to be settled for far less.

Absolutely.  You may call this office at any time or send an email message if you prefer.  This office will make every effort to respond to you within 24 hours.

There are typically three things that a defendant in a civil lawsuit may be required to do.  First, in virtually every case there will be written questions called interrogatories directed to you.  Your attorney will prepare a first draft of responses for you.  This is not your responsibility.  Your attorney will require your assistance in filling in missing information, i.e., information that may not be in the insurance company’s claim file and known only to you.  Second, in most civil cases, depositions are taken at some point.  A deposition is simply an opportunity for the lawyers involved in the case to question parties and witnesses in person about their memory of the events and circumstances involved in the case.  Third, if the case cannot be reasonably resolved, you will be required to attend the trial and testify as necessary.  

Especially in personal injury cases, there is often a good chance you can avoid going to court.  A lawyer will usually try to negotiate a fair and just settlement with the insurance company before resorting to filing a lawsuit.  Even once you file a suit, mediation and arbitration may be possible.  Both of these options can help you avoid going to court. 

We are a team here at KMS Law, and you will be assigned a dedicated lawyer to oversee and work on your case.  You will be able to contact your lawyer by email or phone anytime.  You can expect a return call within one business day.

Unfortunately, the courts do not move quickly.  This reality has been exacerbated in recent times by the covid pandemic during which courts were closed for extended periods of time.  If your case is pending in the district court, there is a reasonable chance that it will be concluded in 90-120 days.  If your case is pending in the circuit court, especially if one or both of the attorneys involved have requested a jury trial, you should expect your case to take at least 12 months before it is concluded.