Settlement Value of Injury Cases
The potential settlement value of a personal injury lawsuit depends primarily on the severity of the plaintiff’s physical injuries. There are other factors that impact value, but this is the most important.
| LEVEL OF INJURY | AVERAGE VALUE |
| MINOR | $19,000 – $32,500 |
| MODERATE | $58,000 – $147,000 |
| MAJOR | $214,000 – $675,000 |
Damages in Personal Injury Cases
Lost Income
Accident victims can get monetary damages for lost wages or lost income that they incur as a direct result of the accident. So if you break your leg in a car accident and you can’t work for 2 months, you are entitled to get compensation for those 2 months worth on income that you lost. This category of damages can include both past and future lost income or wages.
Medical Expenses
Accident victims are allowed to recover damages for the full amount of any necessary medical treatment or expenses that they incurred in connection with injuries sustained in the accident. This includes both past medical expenses and the estimated cost of future medical expenses. Under Maryland’s “collateral source” rule, claimants are entitled to compensation for the full cost of their medical expenses even when those expenses were actually paid for by their health insurance.
Pain and Suffering
Maryland plaintiffs are entitled to recover for mental pain and suffering caused by injuries suffered in an accident. Unlike lost wages and medical expenses, pain and suffering damages are highly subjective and there is no clear formula for determining how much should be awarded for pain and suffering. These damages usually have direct correlation to the level of pain and severity of the plaintiff’s injuries and whether the injuries will have a permanent impact on the individual’s qualify of life. Lost capacity to enjoy the usual or familiar things of life such as swimming, horseback riding, or playing sports can also be compensation through pain and suffering damages.
What Impacts the Value of Injury Cases?
Tort law damages are designed to compensate victims for the cost of physical injuries. The type of physical injuries suffered by the plaintiff are, therefore, the most significant factor when it comes to the potential value of case. Certain types of injuries are obviously more significant than others. More serious injuries that permanently impact the plaintiff’s life or ability to function require more compensation and increase case value.
The extent and severity of the plaintiff’s injury is always a major driving factor in the settlement value of a case. Even with the same type of injury, you can different levels of severity in individual cases. For example, some broken leg injuries are more serious than others. More severe injuries have a higher settlement value because they involve more extensive medical treatment, more lost wages, and more pain & suffering.
Plaintiffs in accident cases are entitled to get compensation for the cost of all medical treatment for injuries related to the accident. This includes medical expenses paid by health insurance. Even for mid-level injuries, the cost of medical care and treatment can be very high. The more medical treatment a plaintiff requires, the more compensation they will be entitled to in the accident case.
The plaintiff’s prior medical history can have a major impact on the settlement value of certain types of injuries. If a plaintiff has a history of back problems or a preexisting injury, this creates questions as to whether the accident was really the cause of their problems. Prior injuries or medical history can decrease value.