When determining the value of a personal injury case in Maryland, several different factors will be considered.
The first of these factors are how the accident happened, the severity of the accident and the extent of the injuries suffered by the parties involved.
In addition to this, economic and non-economic damages will be considered.
The first of these economic damages are the medical expenses of the injuries the victim suffered. These include everything from X-rays to surgery to any ongoing physical therapy for recurring pain as a result of the injury.
The second of these are all of the salaries the victim lost as a result of missing work. This includes time lost for medical treatment and also future lost wages for reasons such as physical therapy.
Furthermore, punitive damages are meant to punish the at-fault individuals if their actions were too reckless and deemed to have willingly caused the accident.
In addition to this, in personal injury cases involving auto accidents, the costs of repairing the vehicle damaged in the accident are considered property damages and are accounted for as well.
On the other hand, the noneconomic damages are pain and suffering. Pain and suffering refer the physical pain and mental anguish suffered by the victim as a result of the accident. Pain and suffering includes the inability to perform daily tasks or physical exercise as a result of the accident, the time the victim spent away from their family and the time spent travelling in order to treat their injuries along with the long term effect the injury will have on their ability to perform activities such as their job.
However, there are also factors that are considered when determining the value of a personal injury case which could diminish the value of the case.
Due to the state of Maryland’s contributory negligence rules, which state the person at-fault must be fully responsible for the accident in order for the victim to be permitted to collect damages, the liability of each party will be considered, and if the victim is found to be at least 10% responsible for the accident, they may not be entitled to collect damages.
Furthermore, the caps set by the state of Maryland for pain and suffering damages may also diminish this value. These caps change each year to account for inflation and as of 10/1/2018, are at $860,000.
Personal injury cases are usually dealt with by an insurance company. This is either the at fault individual’s insurance provider or the victim’s in case the other party has no insurance coverage. The victim’s attorney presents evidence to the insurance company such as medical expenses and lost wages along with a settlement demand package. The insurance company will then make an offer based on this evidence. If the offer is deemed as fair, the victim will accept. However if it isn’t, the victim’s attorney will negotiate a better deal, if these negotiations fall through, the victim may then file a lawsuit. The statute of limitations for filing such a lawsuit in Maryland is three years.
If you need a Maryland Personal Injury Lawyer to help you with your Personal Injury case in Maryland, call us at 888-437-7747. Our Maryland Personal Injury Attorneys can help you.