Legal Question in Personal Injury in Maryland
Accident witnesses age limit?
My wife was involved in a minor rear end accident (rainy and misjudged distance to stop). Our three children were also in the car (oldest is 13). No one was hurt but now, 6 months after the accident we are being sued for $9,999.99. Question #1, why such an odd amount? Question #2, are my children considered witnesses to the accident?
1 Answer from Attorneys
Re: Accident witnesses age limit?
The reason you were sued for the "odd" amount is that the attorney representing the plaintiff wants the case to be tried in the District Court of Maryland before a judge rather than before a jury in the Circuit Court. Maryland voters recently amended our state constitution to allow such cases to be filed as long as the amount didn't exceed $10,000. You could have been sued for that amount, but the lawyer thinks (mistakenly) that he has to keep it under $10,000.
As far as your children are concerned, the oldest one could be a witness at his/her age; you didn't indicate the ages of the others. Incidentally, you may not think the plaintiff was hurt, but the suit wouldn't have been filed unless there are medical records and bills for treatment he/she incurred as a result of injuries that a doctor feels is accident-related. It's not unusual in these cases for an accident victim not to feel any effects from the impact until after they leave the scene. But don't worry--your insurance company will represent you in court and pay any expenses and anything awarded to the plaintiff.