Value of An Average Baltimore Car Accident Case ?
There are several factors that can generally increase the value of a car accident case in Baltimore. These factors are often considered by insurance companies when evaluating a claim and can, and most certainly will also be influential if the case goes to trial. In my opinion below, are some of the key elements, factors and considerations that influence the value of a typical Baltimore car accident or injury case.
Severity of Injuries:
- The nature and extent of the injuries is often paramount. More severe injuries, such as fractures, spinal cord injuries, traumatic brain injuries, or those requiring surgery and extensive rehabilitation, typically lead to higher settlement values. Liability- principles and insurance, are designed to make an injured person whole, and even the most recalcitrant claims adjuster cannot escape this.
- Permanent injuries or disabilities that result in long-term pain, impairment, or the need for ongoing medical care significantly increase the value of a case.
- Injuries that cause disfigurement or scarring can also lead to a higher settlement.
Medical Expenses:
- The total amount of medical bills incurred due to the accident can a be significant factor, but it is not determinative. This includes hospital stays, doctor visits, physical therapy, medications, and any future medical treatment needed.
- Higher medical expenses may generally indicate more severe injuries, which can justify a higher settlement demand. Many skilled and experienced Baltimore personal injury lawyers, however, representing insurance companies may make different arguments- against you- at trial. It could be suggested that the bills were “inflated” for “secondary gain”.
Wages and Lost Earning Capacity
- Compensation for legitimate lost income due to time taken off work to recover from injuries can increase the case value. This includes past lost wages and potential future lost earning capacity if the injuries prevent the victim from returning to their previous job or working at the same capacity. Seasoned Baltimore injury and accident lawyers know well that these claims are complex, and difficult to prove. This is so not only because of the potential exposure [i.e. how much will in cost that insurance company, but, the complexity of the claim lends itself to factual an legal challenges.
- Documentation from employers and medical professionals is crucial to prove lost wages and earning capacity.
Pain and Suffering
- This refers to the physical pain and emotional distress caused by the accident and injuries. Although “non-economic” damage, this must considered, and could be a substantial part of a settlement.
- Factors influencing pain and suffering include the severity of the injuries, the length of recovery, any permanent limitations, and the overall impact on the victim’s quality of life.
Impact on Daily Life
- The extent to which the injuries have affected the victim’s ability to perform daily activities, hobbies, and enjoy life can increase the case value.
- Testimony from the victim, family, and friends can help illustrate this impact. Most personal injury lawyers would likely agree this can be the most nuanced and fully presented portion of the appropriate claim, or case.
Clear Liability
- If it is evident that the other driver was at fault for the accident, it may strengthen the victim’s case and can lead to a higher settlement. What we see in Baltimore, if nothing else, is when liability is clear, it gives the insurance companies, and their lawyers, less to argue.
- Baltimore, Maryland follows the strict rule of contributory negligence, meaning if the injured party is found even 1% at fault, they may be barred from recovering any damages. Therefore, establishing the other driver’s fault is crucial. This is often a brutal, but necessary, consideration in a contested Baltimore car accident case.
Property Damage:
- We have all seen cases where a person is miraculously unscathed after a horrific accident. Is the opposite true. Significant damage to the vehicle can sometimes be an indicator of the force of the collision, which can lend credibility to the claim of more severe injuries, although in Baltimore cases, this factor, alone, is rarely dispositive.
Insurance Policy Limits:
- The amount of insurance coverage the at-fault driver has can impact the maximum amount recoverable. If the damages exceed their policy limits, it can complicate the settlement process. Of course, the availability of uninsured, or in this case, underinsured insurance coverage provides the possibility of an additional recovery. Note that I say ‘possibility’. Insurance companies do not concede that an injured plaintiff is entitled to underinsured motorist coverage. In fact, in Baltimore, it is routine to for insurance companies to hire lawyer, who, at trial, argue the injured person might have bee hurt, but “not bad enough” to exceed the coverage of the at fault party.
Venue (Location of the Court):
- In Maryland, cases filed in certain jurisdictions like Baltimore City and Prince George’s County may have the potential for higher settlement values due to the history of jury verdicts in those areas- or at least the conventional wisdom holds.
Credibility of the Parties:
- The perceived credibility of the victim and the at-fault driver will influence jury decisions. Depending on the stage of the personal injury case, settlement negotiations and potential may also be impacted.
Legal Representation:
- Having an experienced Baltimore car accident attorney may significantly increase the value of a case. Attorneys can effectively negotiate with insurance companies, gather evidence, and present a strong case, demonstrating a willingness to go to trial if necessary.
Objective Evidence:
- Medical records, police reports, witness statements, and photos of the accident scene can all strengthen a claim and potentially increase its value.
What I can also share with your are some, by now, older numbers. The figures recited here are a little dated at this point. Unfortunately, I am not aware of any recent national study of the breadth and scope of the undertaking relied upon for the statistics herein. What Is My Baltimore Personal Injury Case Worth? The most recent national study conducted by the Department of Justice tells us that the median award in all tort case was $24,000.00 [just as many awards below that number as above it]. 2 out of 3 plaintiffs recovered $50,000 or less, while 4 out of 100 received a million or more. As Attorney Eric T. Kirk will tell you. The median national award in a motor vehicle or car accident was $15,000. 4 out of 10 motor vehicle accident victims received less than $10,000. Now, these are national numbers, and the results in local jurisdictions may vary widely. A seasoned Baltimore personal injury lawyer can give you guidance on a reasonable value range for your car accident case. [Statistics from Civil Justice Survey of State Courts, Langton and Cohen, Bureau of Justice Statistics]. https://www.bjs.gov/index.cfm?ty=dcdetail&iid=242.
I offer a free case analysis, evaluation and strategy planning meeting to my clients. Contact me today to schedule a session. 410 591 2835.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
- Legal Analysis & Case Studies
- Baltimore Neighborhoods I Serve
For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
