The average settlement amount in Maryland is among the most common questions our personal injury lawyers receive. But no case is the same, and averages can be misleading. Even if the average is one number, it provides no reliable indication of what your case may settle for. Factors include age, employment status, annual income, loss of income due to injury, extent of injury, medical expenses, pain and suffering, and more. Still, we understand why the question is so common. Here, we explain the factors that go into a settlement. Then, we discuss a broad range of past settlements in Maryland.
How Maryland Settlements Are Calculated
Settlement discussions generally only begin after you complete your medical treatment. While some less experienced attorneys may decide to strike early, they lose the benefit of understanding the full extent of your injuries. An early settlement is therefore often premature. Future surgery may also go badly. Such a result can still relate to the original injury, since it remains a proximate cause of the accident under the law. As a disclaimer, these past settlement amounts and ranges do not indicate future settlements. We provide them only to give an idea of what goes into the equation.
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Average Maryland Settlement Amount for a Minor Injury
If your injuries are only minor, we will wait until you reach maximum medical improvement. Then, we send a demand letter to the tortfeasor or their insurer for settlement. Next, 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 the longer it takes, the better we can often do in our recovery.
While there is no firm way to say what injuries are “minor,” a minor settlement in Maryland can range from $3,000 to about $15,000. Once again, this range does not necessarily indicate 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. Maryland 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 a case for a moderate injury in Maryland anywhere from $15,000 to $75,000. While your case may be worth this amount, it will ultimately depend on the defendant’s coverage and the assets he or she owns. So, if the defendant only carries the minimum limits of $30,000 in coverage, that may be the most you can recover from the accident. You can review Maryland’s minimum coverage rules through the Maryland Insurance Administration. However, an experienced Maryland car accident lawyer at Gelb & Gelb will search for every available source of recovery to maximize your compensation.
Average Maryland Settlement Amount for a Major Injury
A significant injury in Maryland can result in a large settlement. While there is never a guarantee, your case can have substantial value if you suffer a significant injury. An average settlement for a significant injury may be worth anywhere from $75,000 to $5,000,000. As discussed above, your recovery will depend on how much money the defendant has, his or her insurance coverage, and any underinsured motorist coverage you may have.
A significant injury has no technical definition. However, it generally results in years of medical treatment and substantial medical costs. You may also be unable to work while treating your significant injuries. In general, the issue in a serious injury case is not how much we can settle your case for, but whether the defendant has sufficient assets we can judicially obtain.
Contact a Top Maryland Personal Injury Lawyer
We have been practicing personal injury law in Maryland for over 70 years. Our experience has given us an understanding of the factors that affect Maryland’s average settlement amount. We would be glad to provide you with more information on your case. Please feel free to contact us today for a free consultation.
