What happens when an insurance company settles an injury case?

One of the most common questions we handle here with our auto accident clients pertains to the process leading up to and factors that determine what an insurance company will settle their claim for. While there is no "rule of thumb" like some rumors or myths will lead you to believe, there are some concrete factors that are certainly used to determine what an insurance company will offer to settle your claim.

• • Liability - In Maryland we operate under what some consider an archaic system known as 'contributory negligence, which simply means that if you are even .00001% contributing to the cause of an accident, you cannot recover for your injuries. Which basically means the other driver must be 100% at fault before his/her insurance company will pay anything.
• • Injuries - not to be confused with medical treatment, even though each influences the other. The injuries that you sustain, to which body parts and the severity will have a determining factor on your claim's value.
• • Medical treatment - what doctors, therapists, and medicines are you utilizing to recover physically and mentally from your trauma.
• • Lost Wages - wage loss that is directly attributed to the accident, and verified with a doctor's note and employer are considered.
• • Lawyer's fees - the fact that you have hired a lawyer will certainly increase the offer the insurance company will make, in order to compensate for attorney's fees.
• • Pain and suffering - this is quite possibly the most difficult 'grey area' to calculate in determining a settlement amount. There are some myths and theories about how pain and suffering was determined 'back in the day' but this aspect of the claim is why hiring a qualified Maryland personal injury attorney is crucial to secure a proper settlement.

The above factors are certainly the most common factors that will be considered in a settlement for injuries sustained by the negligence of another, whether in an automobile accident or other injury, but may not be exclusive depending upon the particulars of your situation. Also, not all cases settle. Sometimes when liability is admitted, an insurance company may not see the value in your case that you or your attorney feel the case is worth. In which case, your Maryland personal injury attorney will advise you properly as to whether or not it is appropriate to file a lawsuit and begin litigation in your case.

Should you have any further questions, wish to discuss your potential matter with a Maryland Personal Injury Attorney, or wish to schedule a free consultation with Marc G. Snyder, please give us a call at (410) 656-9LAW (9529) or e-mail us.