Almost every client we represent asks what a Maryland car accident is worth. The short answer, which is every lawyer’s favorite, is that it depends. The truth is that it depends on a near-infinite number of factors. Here, we discuss the most critical factors to consider when evaluating your case’s value. Moreover, we discuss the factors that may bar your recovery or at least mitigate its value. The very first thing to consider is when the accident occurred. Calling a Maryland car accident lawyer three years after the accident may be too late. The statute of limitations in Maryland for personal injury is three years. However, this can be extended for extenuating circumstances, though this is rare. The only time this could be possible after a car accident is if you, as the victim, were unable to contact an attorney during those three years.
Further, you must consider liability when calculating what a Maryland car accident is worth. Every car accident is unique. Also, every jury is unique. Humans are imperfect, and so are juries. They might get it wrong despite excellent legal representation in court. Accordingly, when you go to trial, there is always some risk. Meanwhile, if you settle your case before trial, there is no appeals process, and you know precisely what you are getting. Some facts are more sympathetic to a jury than others. In some counties, the defendant is loved by the potential jury pool. In others, they are despised. These are all factors to consider when evaluating the value of a case. But what factors determine what your case is worth?
Call our Maryland accident attorneys for a free consultation to learn the relevant factors for your specific facts.
The factors influencing the value of your car accident claim influence how much you might be willing to settle for before filing suit. Your case has a value based on the economic and noneconomic damages that we will discuss in detail below. However, factors like the ones listed here might influence a jury or an insurance provider to make a larger or smaller settlement offer.
The property damage sustained by your vehicle informs a potential jury how severe the accident was. We may bring in expert witnesses who can testify within a reasonable degree of certainty how fast the defendant was going when they struck you. Or, we may have an eyewitness who will testify that the defendant must have been going at least 50 miles per hour when they hit the rear of your stopped vehicle. However, nothing is as shocking to a jury as pictures of the property damage to the front of their car and the rear of yours.
In addition to shock value, it aids our argument that you truly sustained debilitating injuries. If you are in a minor fender bender and your car only sustains minor scratches, a jury might wonder why you required months of physical therapy. That is not to say it is impossible, but it is less likely. Meanwhile, if a negligent driver totaled your car and you had trouble exiting the vehicle because there were such significant dents in the rear and side of the car, it makes sense that you would be injured.
Your pain and suffering claim may be affected if you are a student. Juries tend to find it more believable that you cannot miss time from school to seek physical therapy as a student because they understand how quickly you can fall behind. Thus, if you only go to the doctor a couple of times, you may still recover reasonable compensation. That is not to say that you would not recover far more if you do go to therapy, but that a jury can empathize with your situation if you are a student afraid to miss time from school.
Economic damages are broken down into two primary categories.
Medical expenses are a critical part of what a Maryland car accident is worth. Suppose you are taken by ambulance and treated at the hospital after your accident, and it is clear you did not cause the accident. In that case, the negligent driver is liable for your medical expenses. Unfortunately, one hospital visit is not always enough for severe injuries. You may experience soreness in your neck or back. This may require months of physical therapy. Or, you may need surgery on your wrist for a broken bone. A significant surgery requires follow-up care. In no world should you be responsible for these medical expenses if you did not cause the accident. Accordingly, when we pursue compensation for your accident, we include the medical expenses you incur.
Lost wages are the second major component of economic damages. They are another crucial part of what a Maryland car accident is worth. The most important thing to remember regarding lost wages is that if you are going to miss time from work, you must have been excused by your doctor. If not, you risk not being eligible for reimbursement at trial. If you believe you are in too much pain to go to work, you must inform your doctor and allow them to make the decision and write you a note. That note will be in your medical record, and we can use it during our settlement negotiation.
We must consider any loss of future earning capacity within the vein of lost wages. This is typically only applicable in major accidents with severe injuries. If you suffer a significant injury and can no longer work the job you used to work ever again, you have to get a new job. You will not be eligible to recover your entire salary each year for the rest of your life. You have a duty to mitigate damages as a plaintiff in a car accident case. Accordingly, you must get the next highest-paying job within an industry that is reasonably interesting to you. Then, we take the difference between the two salaries and account for the income tax you would have to pay.
Economic damages are relatively simple to prove because they are numbers and can be proven with math. Noneconomic damages are more subjective. Nearly anything can be assessed as noneconomic damage if a negligent act in a car accident caused it. For each of the damages listed below, we must prove that you suffered that damage by a preponderance of the evidence. Note that this is not an exhaustive list. You may suffer additional noneconomic damages that are unique to your case.
Wondering what a Maryland car accident is worth? Our Maryland personal injury lawyers at Gelb & Gelb have handled car accident cases since our founding in 1954. Call our office today for a free consultation at (202) 331-7227.
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