Why You Should Talk to a Lawyer Early

People wait to call a lawyer for understandable reasons. They do not want to seem like someone who sues. They expect the insurer to be fair. They want to see how the injury turns out. They assume a lawyer will cost money up front. This chapter of The DC, Maryland & Virginia Injury Guide explains what waiting can cost in the DMV, what an early conversation looks like, and what it costs (nothing).

Key points

• Claims against D.C. and against Virginia counties, cities, and towns generally require written notice within six months.
• Maryland local governments require notice within one year, and the right official must receive it.
• Claims against the federal government must be presented in writing to the agency within two years.
• Virginia's general deadline to sue is two years; D.C.'s and Maryland's are three.
• Contributory negligence makes early statements and early evidence unusually important.
• The consultation is free, and there is no fee unless we win your injury case.

Why does calling early matter more in the DMV?

Calling early matters more here because D.C., Maryland, and Virginia all follow contributory negligence, so a single early statement or a single lost video can decide whether you recover anything (see Chapter 2). In comparative fault states, a misstep usually costs a percentage. Here it can cost the case.

Three things happen fast after an injury. The evidence starts disappearing, as Gathering Evidence While It Still Exists describes. The other side's insurer starts building its file, usually beginning with a request for your recorded statement and a signed medical authorization. And, if a government vehicle, a public bus, or public property was involved, a notice clock starts running that is far shorter than the ordinary deadline to sue.

What notice deadlines can end a DMV claim before it starts?

For claims against governments in the DMV, written notice is often due within six months to one year of the injury, long before the deadline to file a lawsuit. These are the deadlines we check first.

Each of these statutes has details that matter. In Maryland, the notice must be delivered in person or by certified mail, return receipt requested, and must state the time, place, and cause of the injury. Virginia's locality and state statutes excuse a missing notice in some cases where the right officials or insurers had actual knowledge of the claim in time, and Maryland's allows a court to hear a case without proper notice in limited circumstances. In D.C., a written MPD report made in the regular course of duty can count as notice. We do not rely on any of those exceptions when a proper notice letter can still be sent on time.

WMATA, the agency that runs Metro, and other public bodies have their own rules. Injured by a Government Vehicle, on Metro, or on Public Property covers them, along with our pages on suing the District of Columbia, claims against Maryland governments, claims against Virginia governments, and the Federal Tort Claims Act.

How long do you have to file an injury lawsuit?

In Virginia, you generally have two years from the date of the injury to file a personal injury lawsuit (Va. Code § 8.01-243(A)). In D.C. and Maryland, the general period is three years (D.C. Code § 12-301(8); Md. Code, Cts. & Jud. Proc. § 5-101). Some claims have shorter periods; in D.C., for example, a claim for assault or battery generally must be filed within one year (D.C. Code § 12-301(4)).

Two or three years sounds like plenty. It is not. A serious injury can take a year or more to reach the point where doctors can describe the long-term picture, and a lawsuit should be filed with the investigation done, not assembled in the final weeks. Deadlines and the Timeline of a DMV Injury Case lays out the full calendar.

Other early clocks: PIP and your own policy

Your own insurance has deadlines too. In D.C., if PIP applies, you have 60 days after the crash to elect PIP benefits, and that election can restrict your right to sue the at-fault driver (D.C. Code § 31-2405). In Maryland, a policy may require a PIP claim to be filed within a set period of at least 12 months (Md. Code, Ins. § 19-508). Uninsured and underinsured motorist coverage often has its own notice and consent requirements written into the policy. We read the policy early so none of these surprise you.

What happens in the first weeks after you call us?

On a new case, our first job is to protect what can be lost. That usually means:

• Sending preservation letters for video, phone records, and business records
• Sending government notice letters to the right officials, in the form the statute requires
• Taking over communication with every insurer, so the calls stop coming to you
• Getting the police report, 911 audio, and photographs, and finding witnesses
• Making sure PIP, MedPay, or health insurance is paying your bills correctly
• Identifying every policy that might cover your losses, including your household's

What does a free consultation look like?

A consultation is a conversation, not a commitment. You call, we talk through what happened, the injuries and treatment so far, the insurance involved, and what adjusters have said. We tell you honestly whether you have a claim, what it would likely involve, and what we would do next. If you do not need a lawyer, we will say so.

Our office is in Georgetown, but you do not have to come to us. We meet by phone or video, and at your home or in the hospital when that is easier. Ryan Posey and Jacob Lebowitz are admitted in Maryland and Virginia as well as D.C., and the firm appears in courts in all three jurisdictions. You can read about Ryan C. Posey and Jacob M. Lebowitz on their bio pages.

Bring whatever you have, but do not delay the call to gather more. The police report number, photos, witness names, your insurance declarations page, any letters from insurers, and any bills you have received are a good start. Preserving Documents and Records has the full list.

How does the fee work?

Free consultation. No fee unless we win your injury case. Our fee is a percentage of the recovery, and the written fee agreement you receive explains the percentage and how case costs are handled before you sign anything. You should never be surprised by a fee, and you should never sign an agreement you have not read and understood. Ask us any question about it.

Won't hiring a lawyer make things adversarial?

It was adversarial when the adjuster opened the file. The insurer's job is to pay as little as possible on your claim, and in the DMV that job includes looking for any fact that makes you look partly at fault. A friendly tone does not change that.

Hiring a lawyer does not start a fight, and most injury claims resolve without a trial. What it does is put someone on your side who knows the deadlines, knows what similar cases are worth, and cannot be rushed into a bad decision while you are medicated, exhausted, and worried about rent.

Is it ever too late to call?

The ideal time is in the first few days, before a recorded statement, before the car is sold for salvage, and before the video is gone. If that time has passed, call now. If you have already given a statement or signed something, do not assume the case is lost. Call anyway, and we will tell you where you stand.

Related reading

• Suing the District of Columbia: the § 12-309 six-month notice
• Maryland's LGTCA notice letter and the one-year trap
• Suing the government in Virginia: the short notice deadlines
• Maryland's three-year statute of limitations
• Why the adjuster wants your recorded statement
• Guide chapter 12: deadlines and the timeline of a DMV injury case

Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.