Legal Question in Insurance Law in Maryland

Re: Formula for Pain, Suffering & Inconvenience

The 3x formula is more like a general starting point in the analysis of value, and is not a fixed rule. The amount of compensation to which you are entitled for pain and suffering depends on a variety of factors, e.g., victim's age, severity of injury, permanence of injury, scarring, associated mental suffering, existence of pre-existing conditions. There is no fixed formula for determining the value of pain and suffering. The best way to obtain an adequate settlement is to retain an attorney who is familiar with verdicts and settlements in cases in your locale involving injuries similar to yours.

As to the head on collision, if the other driver was at fault, you are entitled to recover, in addition to pain and suffering, medical expenses (past and future) and lost income.

Re: Formula for Pain, Suffering & Inconvenience

There is no such formula. The multiple of medical costs that you are referring to is a myth. Insurance adjusters settle claims on the basis of the injuries sustained, related formula, and assertions of law and fact. Invariably, insurance settlements are based on the best interest of the shareholders of the insurance company. Claim matters can be brought before the Insurance Commissioner; however, this action should not be undertaken without first consulting an attorney.

Claims asserted through an attorney are almost always higher than an intial insurance settlement. Once a settlement is offered and rejected, the insurance company, when sued to uphold the unreceived offer, will win. This does not mean that a later case will not result in higher damages.

Basically what this gets down to is how able you are to assess and properly assert your claim against seasoned insurance professionals. An attorney's assistance may be of significant benefit.

Depending on the case, I accept cases with a reduced contingency. Contact me to discuss.

G. Joseph Holthaus

(410) 799-9002

Re: Formula for Pain, Suffering & Inconvenience

There is no formula. Some people use the 3x concept as a rough guide, but there is no basis for doing so. The way to determine what a claim is worth is to know through experience and review of the data what judges and juries are likely to award under the circumstances, as well as an assessment of the chances at winning or losing and the cost of getting there. The same is true for any personal injury case, whether in VA or MD (and I do practice in both). You simply should not try to do this without the assistance of an experienced personal injury lawyer. Without it, you won't know what the case is worth, and the other side will take advantage of that fact.

Re: Formula for Pain, Suffering & Inconvenience

There is no law requiring payment of pain and suffering in any particular amount (though those seeking pain and suffering do sometimes use 2x-3x medicals as a rough guide where such is appropriate).

If the injury was serious enough to require medical treatment, you should consider having the matter evaluated by a competant attorney. The insurance company adjusters are trained specifically to settle cases -- laypersons are not. Hence, most laypeople do better if their settlement is negotiated by a competant and respected attorney.

The same goes for the automobile negligence case that you reference. If the other driver was at fault and there were injuries that required medical attention, then you should at least have the case evaluated by a competant attorney.

Naturally, I would be happy to evaluate your matters if you like. Please check my firm's website www.jgllaw.com and you will see that we are one of the premier suburban maryland firms, particularly in the area of plaintiff's litigation of major claims.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.