After a car accident, it is reasonable to wonder what the maximum amount you can sue for after a car accident. While this is a common consideration, it is not always practical. If one goes into trial and demands hundreds of millions of dollars for a minor fender bender with no broken bones or serious injuries, a jury may discount everything you say thereafter. Thus, it is best to proceed with caution and consult with an attorney prior to filing suit for the maximum amount. Notwithstanding the foregoing, it is critical to understand the maximum amount you can sue for in cases where your injuries are significant. In high-value cases, such as those involving catastrophic injuries or wrongful death, damages can run into the millions, but these cases often involve complex legal and insurance issues. Knowing your state’s laws is essential to understanding the limits of what you can claim.
Limits of Recovery in Car Accident Lawsuits
You should also understand the limits of what may be available in your case. Let’s suppose you are in a car accident with someone. Now, imagine the adverse driver has the minimum requirements of auto insurance. While this is more than many uninsured drivers who operate their vehicles illegally, it is not ideal if you are in a serious accident. Thus, while you can sue that defendant for $1 million, there is little chance you can recover that amount, even if your damages warrant a high judgment. In this instance, if we can successfully prove liability and $1 million in damages, you have two options in addition to recovering the policy limits of $30,000.
First, you should make an underinsured claim under your policy. That will afford you at least another $30,000 if that policy is active. Second, you can sue the other driver in their personal capacity. If you get a $1 million judgment, it is improbable the defendant has sufficient assets to cover those damages. If we reach this stage, we will bring on a collection attorney to evaluate the available assets for seizure.
Factors that Affect the Maximum Amount You Can Sue For
Now, we will suppose that the defendant does have sufficient assets or insurance coverage to compensate you for your damages. How do we determine your case worth and how much to sue for? Remember, we do not want to sue for an excessive amount beyond what your damages are worth because that undermines your credibility to a jury.
Severity of Injuries
The more severe your injuries, the higher the potential for compensation. In fact, this is the single most significant factor in your case’s worth. There is typically a direct correlation between the severity of your injuries and the property damage to your car, lost wages, loss of future earning capacity, and pain and suffering. Moreover, a jury intuitively understands how serious a traumatic brain injury or a spinal cord injury is. Accordingly, it is more likely to lead to a higher settlement amount without the further justification we will still provide.
Property Damage
Property damage also tends to have a direct correlation to what your case is worth. For example, if your car has only minor damage and scratches, it is unlikely to have led to significant injuries. Meanwhile, if photos of your property damage show that an 18-wheeler crushed your car, a jury intuitively understands how serious the accident was. Accordingly, it is more likely to award a higher dollar amount.
Lost Wages and Future Earnings
Lost wages and future earnings are important in determining the amount you should file suit for. If your injuries prohibit you from working for the rest of your life, whether it be a brain injury or a physical injury, that should be accounted for in the value of your case.
Pain and Suffering
If you are in immense pain or suffer a significant reduction in your quality of life because of a car accident, that affects the maximum you can sue for a car accident.
Punitive Damages in Car Accident Lawsuits
Punitive damages are available in car accidents occurring in Maryland or Washington, D.C. The standard to recover punitive damages is that the conduct be intentional. There is also an argument to be made by the defense that if the conduct is willful, auto insurance is disclaimed. Thus, while the case value may be higher, recovering compensation is more difficult.
In other states, the standard is lower and thus more easily attainable. In many states, like South Carolina, the standard for punitive damages is recklessness. That allows a plaintiff to recover punitive damages if the other driver is drunk or even driving at excessive speeds in some cases. In cases where punitive damages are available, a case may be worth about three times more than it would be worth if they were unavailable.
State Laws and Limits on Compensation
Many states have laws limiting how much damages a person can recover in personal injury cases, particularly for non-economic and punitive damages. These caps vary by state and can place an upper limit on what you can sue for, regardless of the actual value of your damages.
Caps on Damages
In Maryland, the cap for noneconomic damages is $890,000 in 2024. This amount is set to increase by $15,000 at the start of every year. Noneconomic damages refer to the pain, suffering, and reduction in quality of life referred to above. In a jury trial, per § 3-2A-09 of the Md. Courts and Judicial Proceedings Code, the jury should not be made aware of this cap. Thus, you can sue for more than that amount plus your economic damages, but you are capped at that amount.
In Washington, DC, there is no limit on noneconomic damages. However, it is worth noting that DC has an inferior court system for a host of other reasons. Before deciding which jurisdiction and for how much to file your lawsuit, consult a car accident attorney.
Real-World Examples of High-Value Car Accident Cases
The maximum amount you can sue for after a car accident depends on several factors. While you may read online about multi-million dollar lawsuits, the reality is that most car accident cases do not warrant those judgments. Here, we discuss car accident cases where recovering that amount may be feasible. As always, remember that past results do not guarantee future results. Every case is different, and every jury is different. One example may be a wrongful death case where a family loses a loved one due to a drunk driver’s actions, which can result in multi-million dollar settlements. In this instance, while the drunkenness of the driver will not result in punitive damages in DC or Maryland, a drunk driver is nonetheless a reprehensible character.
This may still convince the jury that the defendant is a bad person who should be held responsible to the fullest extent of the law. Similarly, catastrophic injuries that require lifelong care or rehabilitation can push settlements into the millions. In many cases, it is not pain and suffering that results in large judgments. Instead, it is the younger accident victim who had their whole life ahead of them who now can no longer get a meaningful and high-paying job. That individual may require full-time nursing care for the remainder of their life. As you might imagine, that is expensive. That is when future medical expenses are decisive in how much to sue for in a car accident.
When to Consult a Car Accident Lawyer
Contact a car accident lawyer at Gelb & Gelb today for a free consultation.
Call our office at (202) 331-7227.
