If you suffered an injury for which you are not liable (i.e., a work accident or a car crash), the chances are that you will be tempted to file a lawsuit. However, in Maryland, many lawyers encourage settlement instead. Litigation and trials are rarely worth the hassle, which is why going for settlement is very often the first route that attorneys go for.
Attorney Roles in Settlements in Injury Cases
The decision on whether to settle or not ultimately depends on the client. The role of the attorney is to offer advice to their clients, telling them whether the settlement given is fair or not. All factors will be considered, and depending on the severity of the personal injury, they may advise whether to push for trial or not.
For example, if you had a work-related concussion and head injury that left you unable to work for a long time, or led to long-lasting damage, then the attorney might advise for a court trial. However, if the damage was short-lived, the attorney might advise for settlement instead.
Maryland has some restrictive trial laws, and unless the damage is severe, your case might lose ground if you go into trial. This is why many lawyers advise for settlement instead, as the costs for going to trial in Maryland might reach thousands of dollars.
How Court Settlement Cases in Maryland Often Take Place
When arranging a court settlement, a private attorney will gather all of your medical records and send a settlement demand package to the insurance company. This is pretty standard compared to every other state that sends a settlement demand letter.
In Maryland, the proof is very often attached as well. Adequate compensation will also be added, to cover the losses and injuries sustained by the person.
Once the package is received and reviewed, the negotiations will begin. In some states, the settlement will cover the exact claim that was asked by the lawyer. However, in Maryland, it will be subject to negotiation.
The insurance company will make a claim, based on the evidence and the demand of the settlement. The legal team of the injured person will negotiate with the insurance company, in an attempt to get as much from the desired settlement as possible.
If the insurance company does not wish to fall through or offer an adequate settlement for the personal injury, then the attorney may advise the client to file a lawsuit. In some states, the requests for a settlement can happen after a lawsuit was filed. However, in Maryland, the claim is made before the official lawsuit is filed.
How Often Do Cases in Maryland Go to Trial?
It’s not very frequent for cases in Maryland to go to trial. In fact, they rarely do, unless the insurance company refuses to accept the claim. In most circumstances, they do, settling the cases for the amount of money that they originally asked for – or at least, a close sum.
A district trial or a fully drawn jury trial is also very rare. In most cases, a small trial will be heard so that both parties can make their claims. Unless the claim is for a significant sum, it will rarely come to this, as it requires a lot of time, money, and nerves.
However, this depends on the personal injury case. If the damage is significant and the insurance company still denies the severity of the claim, then it will likely go into a full-fledged trial.
The Time It Takes for a Maryland Injury Case to Finalize
Injury cases in Maryland can take as little as 6 months to settle, which is much less compared to other states. The general timeline for an injury case to settle is about one year, but considering that most people prefer to settle in Maryland, cases no longer take as much. In 5-6 months, you will be done with everything from filing the paperwork to getting the settlement.
In other cases, it might take up to 3-4 years to settle. This will depend on whether the person had to receive treatment or not, the duration, solving ambiguity, or any other aspects. Obviously, if the case ends up going into litigation, it might also take a longer time for it to finalize.
The Bottom Line
Aside from some slight differences, court settlements in Maryland do not differ much from settlements in other states. Ideally, you might want to work closely with your lawyer, to ensure that you get the settlement that you deserve.