Maryland Auto Accident Settlement Calculator

The formula to determine the value of a Maryland auto accident case is simple:

Value = Economic Damages + Non-economic Damages

Every single case is different, but we can tell you what things are part of the economic damages and the non-economic damages: 

Economic Damages:

• medical expenses (medicine, hospital visits, physician charges, etc…):  past and future
• lost wages
• property damage (fair market value or repair cost of car, destroyed clothing, etc…)

Non-Economic Damages:

• mental health and well-being
• mental anguish (past and future)
• disfigurement (for example, scars):  humiliation or embarrassment
• pain
• suffering
• inconvenience
• physical impairment
• disfigurement
• loss of consortium (society, cooperation, affection and aid between husband and wife)

Adding It All Together

The economic damages are easy.  These are things that can typically be calculated with computer-like efficiency.  We know the value of past medical bills, for example, because we can see the list of charges from the hospital.  If a treating doctor testifies that the accident victim will likely need a back surgery, that doctor can provide a list of hospital and physician charges.  The main criteria for economic damages is that they must be caused or necessitated by the negligence of the other driver. 

One component of economic damages is the collateral source rule.  In Maryland, it is public policy that a negligent driver should not reap the benefits of a victim’s circumstance.  If a victim is hurt in an accident, and his brother performs the surgery at no charge; or his health insurance pays for the full amount of the surgery; or he has vacation time or sick time so he didn’t miss any money from work, the negligent driver would seem to reap the rewards of the victim’s good fortune or planning.  In Maryland, however, that is not the case.  The victim can still recover the full value of those services or expenses from the person who caused the car accident. 

The non-economic damages are where things get complicated. 

It can be difficult to define some of the items in the non-economic damages list.  Most people refer to these things as “pain and suffering” damages.  They cover a great deal of ground, including impairment (for example, the inability to walk) and disfigurement (scars).  These things are resistant to exact calculations.  What is the value of a two inch facial dog bite scar on a twelve year-old girl?  What is the value of the same scar on a 55 year-old man?  If someone had to drive to physical therapy three times a week for two months, what is the value of that inconvenience?  And how do we relate to pain, which is experienced differently by different people?

These are the types of questions that victims, insurance adjusters, lawyers, judges and jurors must wrestle with.  The reality is that there are no right answers.  My answers to those questions are framed by my life experiences.  That’s exactly what a judge would do, and that’s exactly what a jury of six would do, though the jurors would have to reach some sort of consensus, and they would have the benefit of the experiences of the other jurors. 

That means that the same exact case probably has different values in different locations.  A Baltimore City jury deciding an auto accident case is likely to have a different impression of the value as compared to a Montgomery County jury.  The difference is often so striking, that many lawyers will tell you that the possible venue (where you can file a lawsuit) is the most important piece of information in determining case value.  (Sidenote—in Maryland, you can usually file a lawsuit in either (1) the county where the accident happened; or (2) the county where the defendant resides). 

Also, the value of the non-economic damages depends on the believability and credibility of the parties.  If the plaintiff-victim is nice and personable, her claim probably has a higher value.  Likewise, if the defendant (or sometimes the defendant’s lawyer) is mean-spirited and nasty, the plaintiff-victim’s case value is likely to go up. 

Serious and Catastrophic Injury Cases

One more caveat:  cases with catastrophic damages, while they certainly have a higher “value,” are subject to a ceiling.  The Maryland legislature long ago approved damage caps.  This means, for example, someone injured in an automobile accident on January 1, 2012, can only recover the full value of his or her economic damages plus limited non-economic damages.  The non-economic damages in that example cannot be higher than $755,000.00.  It doesn’t matter if the victim was a 6 month-old baby who will be confined to a wheelchair for the rest of his life because of the accident—the damage cap stays in place. 

The other artificial limitation on case value is the available insurance.  If there is a minimum $30,000 insurance policy, that is likely the full amount available to the victim.  The lawyers can attempt to recover the negligent driver’s assets, but oftentimes there are none. 

The Best Way To Know What Your Case Is Worth

Questions about the value of your case?  Give us a call for a free review at 443.850.4426, or send us a message online.  Click here if you want to find out more about auto accidents.  

Ray LaHood’s Blueprint to End Distracted Driving

Transportation Secretary Ray LaHood’s crusade against distracted driving is getting a lot of federal money behind it.  $2.4 million is being used for a pilot program in Delaware and California called Phone in One Hand, Ticket in the Other.  Here is more of what Mr. LaHood is planning: 

• Promote distracted driving laws in the 11 states without such rules
• Encourage auto industry to develop and fine tune technology to help prevent distracted driving
• Work on driver education course material to educate younger drivers

You can find the official Blueprint here.  

Monday Morning News Round-Up

Here are the top stories from the past week.  Happy Monday!

• Parents of Teen Drivers:  educate your children about distracted driving (courtesy www.enddd.org)

• Jurorproof:  Explain the meaning of “preponderance” to your experts

• Greenberg & Bederman:  Limits on non-economic damages:  is it really fair?  $500,000 for a lost leg? 

• BurgSimpson:  New technology prevents sponges inside patients 

• Maryland Auto Accident Lawyer Blog:  PIP for out-of-state accidents 

Workers’ Compensation 101: What’s it all mean?

Many of my Baltimore workers’ compensation calls are from people who have never been through the process, before.  All litigation can be complicated, but workers’ compensation has unique jargon that makes it especially difficult for people to understand.  Here are some key terms, descriptions and concepts:

Workers’ Compensation Claim:  a workers’ compensation claim is any claim by made an injured worker to his/her employer’s insurance company.  Claims can be informal, consisting of internal company paperwork; or they can be formal, including a claim through the Workers’ Compensation Commission.

Workers Compensation Commission (WCC):  This is the Maryland entity that will process and hear workers’ compensation claims.  The WCC is like a court, and the commissioners are like judges.  The only way to get a claim in front of the WCC is to file a formal Employee Claim Form (click here for information on hard copy blue forms, or here for information about electronic filing).

Fault:  In order to get workers’ compensation benefits in Maryland, the employee does not have to prove that the employer was at fault.  Fault is not important in these claims—the worker’s injury could be because of the employee’s own clumsiness, or the actions of another employee, or because of pure accident, and the employer is responsible as long as the injury was in the course and scope of employment (meaning, that the injury happened while on the job and working in furtherance of that job).

Statute of Limitations:  The employer must file a formal claim with the Workers’ Compensation Commission within two years after the date of the accident.  There is a lot of case law discussing when a worker must give notice to an employer—it’s always best to notify the employer of an accident immediately after the accident.

Temporary Total Disability (TT or TTD):  When injured on the job, an employee who cannot return to work for a certain amount of time may be entitled to TT benefits.  This is basically meant to help the worker by providing some money early on—generally, this amounts to two-thirds of the employee’s average weekly wage (AWW).

Average Weekly Wage (AWW):  Average Weekly Wage is used to calculate wage- and salary-type benefits like Temporary Total Disability.  To calculate the AWW, you must usually add all benefits (wages, bonuses, tips, etc…) for the fourteen weeks immediately prior to the injury, and divide that number by fourteen.

Medical Benefits:  One major benefit of workers’ compensation is the payment of medical expenses.  If the employer is responsible for the injury, then it must pay for all necessary and related medical expenses.  Employees can choose their own doctors—they don’t have to see a doctor picked by the employer (and, there are many reasons not to see a doctor picked by the employer).

Hearing:  If the employer doesn’t believe that it is responsible for a claim, or if it contests any part of a claim (the amount of temporary total benefits, medical treatment, etc…), then either party may request a Hearing.  Each side will present evidence during a hearing, and a commissioner will render an opinion, usually within a couple of weeks.

Third-Party Claim:  Some on-the-job injuries are caused by other people or entities.  For example, a driving salesman may get into an auto accident while on-the-job.  He may pursue a claim through Workers’ Compensation, and he may also pursue a third-party claim against the negligent driver.  There is some interplay between the two cases, but there are two avenues of recovery.

Contact us

If you have been injured in a Maryland work accident, contact us at 443.850.4426, or send us a message online for a free consultation.  For more information, see our workers’ compensation webpage.

Facebook Friend Requests: Be Careful

A high school principal landed in hot water last week after it was revealed that she friended hundreds of students using false pretenses.  After creating a fake Facebook profile for Suzy Harriston and friending over 300 users, a former high school quarterback posted:

Whoever is friends with Suzy Harriston on Facebook needs to drop them. It is the Clayton Principal.

Good advice for anyone.  Principal Louise Losos was placed on a leave of absence, then resigned with a severance package of $140,000.  

In this day and age of social media, we recommend that our clients clean out their friend lists, and not accept new friend requests from anyone that they do not know.  It is important to avoid posting anything about the legal claim, whether medical malpractice, automobile accident, or workers’ compensation, on electronic social networking sites.  You should be aware that insurance company adjusters or private investigators may examine these posting, especially if there are no privacy settings enabled, to determine ways to undermine your claim.  

For More Information

• John J. Cord, Robert K. Jenner, “Social Networking Websites:  How to Reap the Benefits and Avoid the Hazards, Part I.” Maryland Association for Justice, Trial Reporter, Fall 2009, pg. 52-55.
• John J. Cord, Robert K. Jenner, “Social Networking Websites:  How to Reap the Benefits and Avoid the Hazards, Part II.” Maryland Association for Justice, Trial Reporter, Winter 2010, pg. 46-53.
• Surveillance in Personal Injury Cases