Maryland Accident Case Settlements

Many different factors go into establishing the settlement value of an accident claim. They are based upon the nature and extent of the injuries, the insurance assets available to compensate the injured person as well as any legal defenses that are available to the defense. It can be a complicated process. The collection of the medical bills and records, drafting of a comprehensive demand and the evaluation process that may be done by the examining insurance company can all take some time as well, so it can sometimes take longer than expected for a person to be compensated for their injuries.

It is important to work with a Maryland accident lawyer to ensure that an appropriate settlement value is determined, and that the settlement is reached in a reasonable amount of time.

Determine the Length of a Settlement Negotiation

The length of time a settlement negotiation takes depends largely on the nature and extent of the injuries sustained by the person. If an injured person will ultimately need surgery and may not know for possibly many months as to the nature and extent of their injuries, then the settlement process cannot begin until both the injured person and the attorney understand the full extent of injury sustained by the client. This is an example of an area where the settlement process can take a significant amount of time.

Conversely, when a person is involved in a relatively minor incident with a short period of treatment, their claim can be processed much more quickly. The evaluation process remains the same but it may be done in a shorter period of time.

Issues That May Prolong Process

Any number of issues can arise during the course of the claim that can prolong the process. Commonly, delays in treatment cause a delay in the settlement process.

Typically, the settlement process follows the conclusion of medical treatment and if the medical treatment is going on for a significant amount of time, the settlement process will correlate with it.

Role of Contributory Negligence

An injured person’s possible fault is a significant factor in evaluating the settlement value of a claim in Maryland.

If a plaintiff’s claim can be barred by their own contributory negligence or assumption of risk and if there is evidence that can be presented to show that the injured person in anyway contributed to the occurrence, then a jury, by operation of law, will not compensate the injured person for their injuries. Therefore, a person should never admit to fault under any circumstances during the course of their claim, because any person who is found to be at fault cannot recover. If there is an admission of liability, they will likely receive zero in terms of a settlement offer. They will then be forced to initiate a trial with a strong possibility of losing or simply not recovering for their injuries.

Before Accepting a Settlement Offer

When determining whether to accept the settlement offer, a person should consult with their attorney and understand the issues the attorney is explaining to them.

There are many different factors to consider with a settlement and evaluation process. An attorney is able to lay out these issues succinctly to their client in a way that the client can understand them and ultimately make a decision as to the settlement offer.

Benefit of a Lawyer

A lawyer can draw upon their experience in handling similar claims and can also explain the legal defenses that are available to the defense in order for the injured person to understand the reasonable value of their claim.

Expediting the Process

An attorney will expedite the process by collecting the pertinent medical records and information that the insurance company will demand. The attorney knows what information is necessary in order to present the claim efficiently.