One of the most frequent questions we get practicing personal injury law in Maryland is what the average settlement amount in Maryland is. Of course, no case is the same. Even if the average is one number, is provides no reasonable indication as to what your case may settle for. There is a multitude of factors such as age, employment status, annual income, loss of income due to injury, extent of injury, medical expenses, pain and suffering, and more. Nevertheless, we understand why the question is so prevalent.
In this article, we will explain the factors that go into a settlement as well as a broad range of past settlements in Maryland. Additionally, settlement discussions generally only begin once your medical treatment has been completed. While some less experienced attorneys may decide to strike early, they are missing out on the benefit of understanding the full extent of your injuries, which is often premature. Additionally, a future surgery may go awry. Such a result can still be related back to the original injury as it is still a proximate cause of the accident under the law. As a disclaimer, these past settlement amounts and ranges are not indicative of future settlements and are provided only to give an idea of what goes into the equation. They shall not be relied upon in any way.
Average Maryland Settlement Amount for a Minor Injury
A minor injury can result from any number of different tortious acts. The mere fact that the injury is minor does not have any bearing on the extent of the collision. You may have been in a substantial motor vehicle collision, and yet your injuries are only minor. In this instance, we will wait until your injuries are fully recovered up to the maximum medical improvement. Then we send a demand letter to the tortfeasor for settlement. Then, it generally takes about 30 days for the tortfeasor’s insurance provider to evaluate our demand and provide an offer of settlement. Settlement negotiations can take time, and in general, the longer it takes, the better we can do in our recovery.
While there is no way to say what injuries are “minor”, a more minor settlement in Maryland can range from $3,000 to about $15,000. Once again, this range is not necessarily indicative of what you will recover in your settlement.
Average Maryland Settlement Amount for a Moderate Injury
A moderate injury can stem from the same tortious act that causes a minor injury, only the victim fares worse. In tort law in Maryland, this is ok. The law states that the tortfeasor takes the plaintiff as he finds him. In other words, a defendant is liable for a plaintiff’s unforeseeable reaction to the tortfeasor’s negligent, reckless, or intentional tort. This is known as the “eggshell plaintiff rule.”
A plaintiff can settle his or her case for a moderate injury in Maryland anywhere from $15,000 to $75,000. Unfortunately, while your case may be worth this amount, it will ultimately depend on the coverage of the defendant in addition to the assets he or she owns.
Average Maryland Settlement Amount for a Major Injury
A major injury in Maryland can result in a massive settlement. Unfortunately there is no guarantee, but if you suffer a major injury, your injury can have substantial value. An average settlement for a major injury may be worth anywhere from $75,000 to millions of dollars. As discussed above, your recovery is going to depend on how much money the defendant has, his or her insurance coverage, as well as any underinsured motorist coverage you may have if applicable to your facts.
A major injury has no technical definition. However, it generally will result in years of medical treatment and $100,000s in medical costs. Additionally, you may not be able to work while treating your major injuries. Though, we can assist you in obtaining compensation for your lost wages. In general, the issue in a major injury case is not how much we can settle your case for, but whether there are sufficient assets we can judicially obtain from the defendant.
Contact a Top Maryland Personal Injury Lawyer
We have been practicing personal injury law in Maryland for nearly 70 years. Our experience has provided us the exact factors that go into the average settlement amount in Maryland. We would love to give you more information on your unique facts. Contact us today for a free consultation.