Most people injured in a rear-end car accident in Maryland look for fair settlement value for their case. No one wants to get ripped off by an insurance company. These companies spend a lot of time training their insurance adjusters how to rip you off. So fair settlement value is not something that will be handed over to you easily. As I explain below, I think “fair settlement value” is the wrong lens to use when approaching the settlement of a rear-end accident case. But let’s start with this premise.
What Is a Fair Settlement Offer for a Rear-End Accident Case in Maryland?
On this page, we will try to give you an idea of what a fair settlement offer should be for a rear-end auto accident case. Rear-end accident cases are the most common type of vehicle collision, accounting for over 40% of all accidents. Not surprisingly, rear-end accidents also generate the greatest number of personal injury claims. Our Maryland auto accident lawyers have literally settled thousands of rear-end cases. We know these cases well. We have a solid understanding of what a fair settlement offer should look like.
The Value of a Rear-End Accident Case Depends on the Severity of Injury
Not all rear-end auto accident cases are going to have the same settlement value. The settlement value of a rear-end accident case will depend on several key factors. But the most significant factor that drives the value of these cases is the severity of the victim's physical injuries. The more serious the plaintiff’s injuries, the higher the settlement value the case will have.
To give you some value range for rear-end accident cases based on the extent of the injury, we can categorize the plaintiff’s physical injuries into 3 levels of severity.
| LEVEL 1: |
Level 1 will be the lowest (least serious) level of physical injuries. Level 1 injuries will include minor physical injuries that do not require surgery or extensive medical treatment and usually heal within 4-6 weeks. Common auto accident injuries in Level 1 include neck & back sprains, concussions, whiplash, and other types of “soft tissue” injuries. With some exceptions, treatment for Level 1 injuries is limited to physical therapy and pain management. Damages in a Level 1 injury case will typically include pain & suffering and medical expenses. |
| LEVEL 2: |
Level 2 covers slightly more serious injuries that involve more physical damage and require more extensive medical treatment. Common examples of Level 2 auto accident injuries would include broken arms, broken legs, herniated discs, and burns. Knee and shoulder injuries such as torn rotator cuffs, or ALC / MCL tears would also fall into Level 2. What separates Level 2 injuries is the severity of physical damage and the fact that these injuries usually require more than just physical therapy and pain management. Level 2 injuries generally significant medical treatment such as surgery. Level 2 injuries can often result in permanent physical impairments and significant claims for lost wages. |
| LEVEL 3: |
The most severe rear-end accident injuries will fall into Level 3. Level 3 injuries are things that can cause death or permanent disability. Examples of Level 3 auto accident injuries would be death, brain damage, organ damage, or paraplegic injuries. |
What Is Fair Settlement Value for Rear End Accident with Level 1 Injuries?
Rear end auto accidents with Level 1 injuries are at the lowest end of auto accident settlement scale. The typical settlement range for a Level 1 injury case in Maryland is between $10,000 and $25,000. Where an individual case falls on this range will depend on the amount of medical treatment (and resulting expenses) and whether the plaintiff has any claim for lost wages. Another factor that can impact the final settlement is what Maryland jurisdiction the case is in. Certain counties (e.g., Baltimore City and Prince George’s County) a very plaintiff friendly, so cases in these jurisdictions may have a higher value.
Below are examples of recent settlements and verdicts in rear-end accident cases involving what we would classify as Level 1 injuries.
2020 – Montgomery
Soft-tissue neck, shoulder, and back injuries in rear-end truck accident involving multiple vehicles.
Neck sprain, shoulder sprain, treatment limited to physical therapy and pain medication, not lost wages.
2019 – Prince George’s
Soft-tissue lower-back sprain with some residual symptoms and mobility limitations, but chronic pain.
Back and neck sprains. Plaintiff claims to suffer chronic, permanent pain and asserts a claim for lost wages.
Soft-tissue neck injuries causing headaches and numbness. Plaintiff claims lost wages in addition to medical expenses.
What Is Fair Settlement Value for a Rear-End Accident with Level 2 Injuries?
The average settlement value range for a rear-end auto accident cases in which the plaintiff suffers Level 2 physical injuries is between $60,000 and $110,000. This is obviously a much broader value range compare to Level 1 injury cases. This is because there tends to be much wider variation in severity and required medical treatment with Level 2 injuries. Take for example a case involving a broken arm. Depending on the location of the fracture (upper or lower arm) and the type of fracture, the required treatment could range from a simple cast to extensive orthopedic surgery with internal hardware. This is why Level 2 injury cases have such a wide settlement value range.
2019 – Balt. City
A Female in her mid-40s suffers a right fibula fracture. No extensive surgery required.
66-year-old female suffers double arm fractures requiring multiple surgeries and internal fixation hardware. No lost-wage claim.
2018 – Carroll
Multiple upper arm fractures in rear-end accident case with a dump truck. Treatment involved several rounds of surgery. Extensive lost wages.
Rear-end accident on the beltway. Plaintiff suffers herniated disc with nerve impingement. Treatment involves spinal fusion surgery and nerve stabilization.
A 51-year-old female suffers herniated disc in the lumbar region of her spine. Treatment limited to physical therapy and steroid injections.
Fair Settlement Value for Rear End Accident with Level 3 Injuries The typical value range for a Maryland rear end auto accident case involving Level 3 injuries is $200,000 to $400,000. This is just an average range. Level 3 injury cases can easily have a much higher value. Rear end accidents tend to be lower impact collisions, so we don’t see too many rear enders resulting in Level 3 injuries. When rear end accidents do cause Level 3 injuries the most common are serious brain injuries and internal organ damage (e.g., ruptured spleen).
2019 – Anne Arundel
Passenger suffers ruptured spleen in rear end accident. Treatment involves surgical removal of spleen.
A young driver is stranded on the shoulder of road after running out of gas. Distracted driver drifts onto the shoulder and slams into him from behind, killing him instantly.
2016 – Balt. City
A 20-year-old driver pulls over onto the shoulder of the highway for a flat tire and gets killed when a truck rear-ends him.
Is Fair Value the Goal for Your Accident Settlement?
When I represent a client, I’m not shooting for fair settlement value. I’m want to get more than the settlement value of the case. You want to argue I’m not seeking justice? Fair enough. I get it. But the insurance company’s goal is not to pay you fair settlement value. Their goal is to rip you off. So if one side is shooting to rip you off and the other side is shooting for fair, how do you think those cases end up? The answer is somewhere south of fair settlement value. So I think the goal of fair value is the wrong one. Hire the best rear-end car accident lawyer in Maryland you can find and tell that attorney to fight to get every last possible penny for you.
- Three tricks insurance companies use (and how to fight back)
Maryland Rear-End Auto Accident Lawyers
If you have been injured in a rear-end auto accident, again, you are walking in my firm’s wheelhouse. Contact the Maryland car accident attorneys at Miller & Zois at 800-553-8082 for a free consultation or reach out to us online.
At first glance, determining fault in left-turn accidents may seem simple because the driver making the left turn has an obligation to yield to oncoming traffic. That simple assumption is correct in the lion’s share of cases. When you call our law firm and telling us another driver to a left turn in front of you, our lawyers are pretty confident, without hearing anything else, that you have a case. Similarly, if you are the driver who took a left turn, it might be pretty hard to argue you are not at fault.