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dealing with insurance companies after your car accident

5 Mistakes When Dealing with Insurance Companies After Your Car Accident

When you’re involved in a car accident, your most immediate priorities are always going to be your health and safety. As you deal with having your car towed and coordinating your next steps, you will have to deal with insurance companies. Many people assume that insurance companies are there to help them, but it’s important to remember that insurance companies are businesses first. Understanding how to avoid costly mistakes when dealing with insurance companies after your car accident can make a significant difference in the outcome of your claim.

Talking to the Insurance Adjuster Right Away

One of the first mistakes people make is talking to the insurance adjuster too soon. You might get a call from the other driver’s insurance company within a day or two of your car accident. While it may seem harmless to answer the questions they have for you, anything you say can be used to reduce or deny your claim. The adjuster might ask deceptive questions that are designed to get you to downplay your injuries or admit partial fault on the call. Before speaking with any insurance representative, consult with a trusted attorney.

Not Getting Prompt Medical Attention

Another common mistake is delaying medical attention. Even if you feel okay immediately after the crash, injuries like whiplash often don’t show symptoms right away. If you wait to get medical attention, the insurance company may try to say that your injuries are not related to the accident or that they are not serious. Always get evaluated promptly and follow through with any recommended care. This can help a great deal when dealing with insurance companies after your car accident.

Accepting the First Settlement Offer

After an accident, medical bills, car repairs, and missed work can create a tremendous amount of financial pressure in a short period of time. Insurance companies know this and may offer you a quick settlement to get things over with as fast as possible. Unfortunately, this also means that you might accept the settlement before the full extent of your injuries is known. The first offers are typically much lower than what you are entitled to, and once you accept, you usually give up the right to pursue additional compensation later. When dealing with insurance companies after your car accident, patience is key.

Admitting Fault After the Accident

Emotions run high after an accident, and you might be tempted to apologize or make statements about what happened before fully understanding the situation. Unfortunately, any admission of fault can be used against you, even if you’re confused when making it. Let your attorney handle communication to avoid saying something that may harm your case.

Not Consulting an Attorney

Many people assume they can handle the insurance claim process on their own. However, insurance companies have teams of professionals working around the clock to protect their interests. Without someone advocating for you, it is easy to make mistakes that cost you time and money. When dealing with insurance companies after your car accident, having an experienced attorney on your side helps ensure your rights are protected and you receive the compensation you deserve.

Contact Mobley & Brown, LLP for Help with Your Legal Needs

If you are looking to navigate the aftermath of a car accident, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

personal injury case

How Expert Witnesses Can Help Your Personal Injury Case

When you’ve been injured due to someone else’s negligence, building a strong personal injury case is essential to getting the fair compensation you deserve. While photographs, medical records, and witness testimony are important pieces of evidence, they’re not always enough to fully show the extent of the damage or determine liability. That’s where expert witnesses come in. These professionals can play a vital role in strengthening your personal injury case by providing clear, authoritative testimony that supports your claims.

What Is an Expert Witness?

An expert witness is a professional with expert knowledge or experience in a specific field who is qualified to provide testimony in court. Unlike eyewitnesses, who show up to describe what they saw, expert witnesses offer opinions based on facts and their own professional analysis. Their job is to help judges and juries understand complex topics that may be outside the average person’s knowledge.

For example, many people show up for jury duty not knowing the long-term impact of injuries a pedestrian could sustain when they were hit by a car. An expert witness can bridge that gap and educate the jury. In a personal injury case, expert witnesses might come from fields such as medicine or accident reconstruction, and they can clarify how an injury occurred, the long-term impact it may have, or the financial consequences for the injured party.

What Types of Expert Witnesses Can Be Used?

Medical Experts

These expert witnesses are often physicians, surgeons, or physical therapists, and they can explain the nature of your injuries and the treatment required. They can also talk about how the injury has affected your ability to work or enjoy your life.

Accident Reconstruction Specialists

Accident reconstruction experts can analyze evidence from the scene to determine how an accident happened and demonstrate liability.

Financial Experts

If your personal injury case involves a claim for lost wages or diminished earning capacity, an economic expert can calculate the financial impact of your injury.

Engineering or Safety Experts

In cases involving dangerous property conditions or structural failures, an engineer or safety consultant can assess whether proper standards and procedures were followed.

Mental Health Experts

A licensed psychologist or psychiatrist can evaluate your mental health and explain how the injury has affected your psychological well-being.

How Can Expert Witnesses Strengthen Your Personal Injury Case?

Expert witnesses don’t just present facts; they interpret them. Their ability to clearly explain technical and scientific information makes them valuable to both sides in a personal injury case. How could an expert witness support your claim?

  • Establishing Fault or Cause: One of the key elements in any personal injury case is proving that the defendant’s actions (or inactions) directly led to your injury. Expert witnesses help make that connection clear and credible.
  • Supporting Damages Claims: Whether you’re claiming medical expenses, lost income, or pain and suffering, expert testimony can validate your need for compensation and justify the amount you’re asking for.
  • Refuting the Defense: If the opposing side argues that your injuries were pre-existing or exaggerated, an expert can provide objective evidence to counter those claims.
  • Adding Credibility: Judges and juries may be more likely to believe a neutral third-party expert than a plaintiff or defendant. The presence of a well-qualified expert can lend authority to your case.

Contact Mobley & Brown, LLP for Help with Your Legal Needs

If you are looking to pursue a personal injury case, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

DUI penalties for underage drivers

Understanding DUI Penalties for Underage Drivers in Maryland

Maryland takes driving under the influence seriously, regardless of how old you are. However, for drivers under the age of 21, the consequences can be even more severe. Maryland enforces a zero-tolerance policy when it comes to underage drinking and driving, meaning that even a small amount of alcohol in an underage driver’s system can lead to arrest and prosecution. Understanding DUI penalties for underage drivers is critical for teens and parents.

What Are Zero-Tolerance Laws?

In Maryland, drivers under the age of 21 are prohibited from consuming any alcohol, and the legal limit for blood alcohol concentration (BAC) is significantly lower than it is for drivers 21 and older. While adult drivers are considered legally impaired at a BAC of 0.08%, underage drivers can face DUI charges with a BAC as low as 0.02%. Maryland implemented zero-tolerance policies to discourage any underage consumption of alcohol.

What Counts as a DUI for Underage Drivers?

Because of the strict laws in Maryland around underage drinking, an underage driver can be charged with DUI depending on their BAC and behavior during the traffic stop. A BAC of 0.08% or higher is the amount for a standard DUI charge. However, even if a young driver’s BAC is below that amount but above 0.02%, the driver can still be charged under the state’s zero-tolerance policy.

What Are the DUI Penalties for Underage Drivers in Maryland?

The DUI penalties for underage drivers in Maryland are designed to be strict to deter future offenses. First, the driver’s license will be suspended. For a first offense, an underage driver may face a 6-month license suspension. A second offense within the five-year period since the first conviction can result in a suspension of up to a year.

Fines for first-time underage DUI offenses can be up to $500. Although jail time is more commonly imposed for adult DUI offenses, underage drivers may still face incarceration, especially for repeat offenses or if the incident involved an accident or injury. A first offense can carry a charge of up to two months in jail, though this is less common for juveniles with no prior record.

Are There Any Long-Term Consequences?

Beyond the immediate legal ramifications of a DUI conviction, DUI penalties for underage drivers can have lasting effects. A DUI conviction can stay on a person’s record for years and potentially affect college admissions, scholarships, job opportunities, and even car insurance rates. Insurance premiums often spike after a DUI conviction, and in some cases, insurers may refuse to provide coverage altogether.

How Can You Fight Your Charges?

Underage drivers and their families should know that DUI cases are not always open-and-shut. A knowledgeable DUI defense attorney can evaluate the circumstances surrounding the arrest, the accuracy of the BAC test, and whether the police followed proper procedures. In some cases, charges can be reduced or even dismissed. An experienced Maryland DUI lawyer can help protect the driver’s rights and guide families through the legal process.

Contact Mobley & Brown, LLP for Help with Your Legal Needs

If you were charged with a DUI, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

choose the right law firm for your needs

How to Choose the Right Law Firm for Your Needs

When you are facing any legal issue, whether it’s a personal injury claim or defending a DUI charge, selecting the right legal representation is crucial. However, with so many options available, how do you choose the right law firm for your needs? Here are some of our best tips to choose the right law firm for your situation.

Understand Your Legal Issue

The first step in finding the best representation for you is identifying the type of legal help you need. Did you have a slip-and-fall accident? Do you need assistance with a business contract? Different law firms focus on different areas of law, and it’s important to choose the right law firm for your needs based on its practice areas and experience in handling cases like yours. For example, if you are dealing with a claim after a car accident, you will want a firm with strong experience in personal injury law. However, if you’re dealing with a DUI charge, a firm that works in DUI and DWI defense would be a better fit.

Consider Their Experience

Experience matters. A law firm that has successfully handled cases similar to yours is more likely to understand the details of your situation and provide you with effective legal strategies. As you are exploring your options, don’t be afraid to ask about their track record on similar cases. How many cases like yours have they handled? What were the outcomes? Do they have trial experience if your case goes to court? Have they negotiated with insurance companies before?

Think About Their Communication Style

Good communication is essential during any legal process. You want a law firm that is responsive, transparent, and willing to answer your questions. During your initial consultation and interactions, think about how the firm communicates. Are they taking the time to understand your case? Are they explaining your options in simple terms? These factors are key indicators when you choose the right law firm for your needs.

Read Reviews and Testimonials

One of the most effective ways to evaluate a law firm is by reading reviews and client testimonials. These provide insight into how the firm treats its clients, how responsive the attorneys are, and the overall client experience. Because people are more likely to leave a review if they had a bad experience, you shouldn’t be deterred by a handful of negative reviews. Instead, look at the overall trend.

Trust Your Instincts

Finally, trust your gut. The attorney-client relationship is personal and can last for a long time, depending on how complex your case is. Even if a law firm looks great on paper, you need to feel comfortable working with them. Personal rapport, mutual respect, and trust are key factors that can make or break your experience. When you meet with potential firms, ask yourself whether you feel confident that this team can represent your best interests.

Contact Mobley & Brown, LLP for Help With Your Legal Needs

If you are involved in any court case, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

police reports in personal injury cases

The Role of Police Reports in Personal Injury Cases

If you are involved in an accident, contacting the police is critical. While it may seem like a piece of paper, the exchange of information form, generated at the scene, as well as the official police report that is usually written later, can serve as powerful pieces of information for your personal injury claim. In Maryland, where fault and negligence laws directly impact your ability to receive compensation, understanding the role of police reports in personal injury cases is critical to protecting your rights.

What Are Police Reports?

A police report is an official document that is written by the law enforcement officers who responded to your accident. Your police report will typically include details like:

  • Names and contact information of involved parties and witnesses
  • Date, time, and location of the incident
  • Officer observations and their initial assessment of fault
  • Statements from drivers, passengers, and witnesses
  • Direction of travel of the parties involved
  • Diagrams or photos of the scene
  • Information about traffic citations or arrests made at the scene

These details can make it easier for you and your attorney to establish the facts of the case. They are also commonly used by insurance adjusters and judges when determining liability and damages.

Why Are Police Reports Important in Personal Injury Cases?

The importance of police reports in personal injury cases cannot be overstated. These reports provide you with an unbiased third-party account of the incident, which can carry significant weight when liability is disputed. Police reports can also play a key role in settlement negotiations with insurance companies. What are some of the other reasons why they are so critical?

Establishing the Facts of the Case

In the aftermath of a crash or injury, your memory can fade, and witnesses’ stories can change. A police report captures key facts while they’re still fresh and provides you with a time-stamped narrative that can be referred to later.

Support Your Liability Claims

One of the most significant roles of police reports in personal injury cases is helping to show who was at fault. While officers are not able to decide civil liability, their observations from the scene, like signs of intoxication or admissions of guilt, can support your claim. If the report indicates that the other party was cited or acted negligently, this can strengthen your case.

Identify Witnesses

Police reports often list witnesses and their contact information. Witness testimony can be critical in cases where the other party does not agree with your account of what happened. Your attorney can follow up with the witnesses listed in the police report for sworn statements if needed.

Are Police Reports Admissible in Court?

In Maryland, police reports in personal injury cases are not automatically admissible in court due to rules around hearsay. However, parts of the report may be introduced under certain conditions, like when the officer personally witnessed the event or when both parties agree to include the report.

What Happens If the Police Report Is Inaccurate?

Just like any other type of documentation, police reports sometimes contain errors or omissions. If you believe the report is incorrect, it’s important to bring this to your attorney’s attention right away. While it’s not always possible to amend a police report, your lawyer can challenge its validity, bring in additional evidence, or cross-examine the officer if needed.

Contact Mobley & Brown, LLP for Help With Your Legal Needs

If you were injured in an accident, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

filing a lawsuit in Maryland

6 Common Myths About Filing a Lawsuit in Maryland

Every year, many people miss out on potential compensation because they fall victim to myths about taking legal action. Whether you’ve been injured in a car accident or your loved one was hurt due to medical malpractice, understanding the realities of filing a lawsuit in Maryland is important. Misconceptions can prevent people from asserting their rights and receiving the justice they deserve. In this blog, we’re clearing up some of the most common myths about filing a lawsuit in Maryland so you can feel confident about your next steps.

Myth 1: Filing a Lawsuit in Maryland Means You’re Going to Court

One of the biggest misunderstandings is that filing a lawsuit in Maryland automatically means a lengthy trial. In reality, many lawsuits are settled out of court through negotiation, mediation, or arbitration. While it’s true that some cases go to trial, your attorney will work to get you a fair resolution without needing a courtroom battle. If your case does end up in court, our legal team will prepare you every step of the way.

Myth 2: There Is No Rush to File a Lawsuit

Another common myth is that you can file a lawsuit whenever it’s convenient for you. Unfortunately, Maryland law imposes strict deadlines known as statutes of limitations. For example, in most personal injury cases, you have three years from the date of the incident to file a claim. Missing these deadlines could mean losing your right to compensation forever. If you’re considering filing a lawsuit in Maryland, it’s best to speak to an attorney as soon as possible to protect your rights.

Myth 3: Only Cases with Lots of Damages Are Worth Filing

Some people think they need to have a massive injury or millions of dollars in financial losses to justify legal action. However, that’s not true. Filing a lawsuit in Maryland can be appropriate even if the damages seem “small” at first. Whether it’s a minor car accident or a slip-and-fall accident that left you out of work for a couple of months, your case still matters. The harm you’ve suffered deserves recognition and possible compensation.

Myth 4: You Don’t Need the Help of an Attorney

Some people believe they can manage the legal process on their own. Technically, you can file a lawsuit without a lawyer, but it’s rarely a good idea. Filing a lawsuit in Maryland requires an understanding of state laws, legal procedures, and court deadlines. Even small mistakes in filing paperwork or presenting evidence can hurt your case. A skilled Maryland attorney will ensure your claim is properly prepared and increase your chances of success.

Myth 5: Lawsuits Are All About the Money

Another myth about filing a lawsuit in Maryland is that it is just about financial gain. While compensation is often one piece of the puzzle, lawsuits are also about holding individuals, companies, or institutions accountable. They help prevent future harm, improve safety standards, and promote fair treatment. Filing a lawsuit can also help you get emotional closure or spark changes in policies that will help prevent others from going through what you went through.

Myth 6: The Process Takes Years

While some legal cases are complex and take time, not all lawsuits drag on for years. Many are resolved in months, especially if both parties are open to settlement. Filing a lawsuit in Maryland does not mean you’re automatically locked into a years-long ordeal. Your case’s timeline will depend on the nature of the case, the evidence available, and the willingness of the parties to negotiate. A good attorney can help move things along efficiently.

Contact Mobley & Brown, LLP for Help With Your Legal Needs

If you were injured in an accident, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

personal injury case

The Impact of Social Media on Your Personal Injury Case

In 2025, using social media is second nature for most people. While it can be fun to post photos, share updates about your life, and comment on the world, what you post online could become a focal point of your personal injury case. When you’re involved in any legal situation, an innocent post could end up doing more harm than good. Whether you’re posting a selfie or checking in at a location, here are some of the ways that your social media activity could impact your personal injury case.

Private Posts Aren’t Always Private

Many people assume that their privacy settings protect them, but in a personal injury case, that’s not necessarily true. Defense attorneys and insurance companies may scour your public profiles for evidence that can be used to challenge your claim. Even private posts can sometimes be subpoenaed during the discovery process. A photo, video, or comment on a public profile that you thought was harmless might be twisted to suggest that your injuries aren’t as serious as you claimed.

For example, imagine receiving a severe back injury in a car accident. During your personal injury case, you post a picture that shows you lifting up your niece or playing sports. Even if the image doesn’t tell the full story, it could be used to raise doubts about the severity of your back jury and put your case in jeopardy.

Social Media Can Contradict Other Evidence

Consistency is key in any personal injury case. Your statements to doctors, lawyers, and the court must align with what you do and what documentation you provide to the court. If you are making claims that concern emotional distress or physical limitations, remember that insurance companies can take advantage of smiling photos of you on vacation or enjoying nights out with friends.

Insurance adjusters may argue that your upbeat posts contradict your claims of pain, suffering, or reduced quality of life. It doesn’t matter that social media often only shows the highlights of your life and moments where you feel happiest. Perception can make a huge impact on your case, and photos and videos that could be twisted by an insurance company can create a false picture of what your life is really like.

Tagging and Check-Ins Can Jeopardize Your Case

It’s not just your own posts that matter during a personal injury case! If your friends tag you in photos or check you in at locations, it can also create problems. For example, your friend might tag you in a post at a hiking trail or in a photo of you attending a party. Even if you were only present for a short time and didn’t engage in strenuous activity, it may cast doubt on your physical limitations or emotional distress.

To protect your personal injury case, it’s a good idea to ask friends and family not to tag you in posts or photos while your claim is pending. Depending on what social media platforms you are on, you can also disable tagging features and further limit who can see your online activity.

Our Best Tips for Navigating Social Media During a Personal Injury Case

If you’re currently involved in a personal injury case, here are some tips for navigating social media:

  • Set all of your profiles to private. While this doesn’t make your posts completely safe, it adds a layer of protection.
  • If possible, avoid posting at all until your case is resolved.
  • Let family and friends know about your situation so they avoid posting about you or tagging you in photos, videos, or check-ins.
  • Don’t delete old posts from your social media profiles. Deleting content after a case is filed could be seen as destroying evidence, which could hurt your claim.
  • Don’t discuss your case online. Avoid posting about your accident, injuries, treatment, or legal proceedings. You never know what small statement could come back to haunt you in the future!

Contact Mobley & Brown, LLP for Help With Your Legal Needs

If you are involved in a personal injury case or you have questions about your rights after an accident, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

uninsured driver in Maryland

What Happens If You’re Injured by an Uninsured Driver in Maryland?

It is estimated that 14% of drivers, or approximately one in seven, drive without insurance. Unfortunately, just like drivers with insurance, these motorists can get involved in accidents that do permanent damage to vehicles and the people in them. If the other party in your car accident case is an uninsured driver in Maryland, what are your options? Is it still possible to receive damages? Here’s what everyone should know.

Why Are Uninsured Drivers So Dangerous?

Despite Maryland law requiring all drivers to carry auto insurance, some individuals still operate vehicles without coverage. Whether due to financial hardship, negligence, or other issues, an uninsured driver in Maryland puts others at serious risk. Additionally, uninsured drivers create more complications in the aftermath of an accident. If a driver without any insurance causes a crash that injures you, recovering compensation is more complicated because you cannot simply call their insurance provider to start the process.

Can Your Own Insurance Company Help?

Maryland law requires all auto insurance policies to include Uninsured Motorist (UM) coverage. This coverage is designed to protect you if you’re hurt by an uninsured driver in Maryland or a hit-and-run motorist who can’t be identified. UM coverage typically includes both bodily injury and property damage. When you file an uninsured motorist claim, you are essentially making a claim against your own insurance company for damages that would have otherwise been paid by the at-fault driver.

While you may think your own insurance company will automatically be on your side, that isn’t always the case. Insurance companies often look for ways to reduce payouts, even for their own policyholders. That’s why, if you’ve been hit by an uninsured driver in Maryland, it’s critical to work with an experienced personal injury attorney. Your lawyer can help you with every step of the process, including everything from filing paperwork to preparing for arbitration. Don’t make the mistake of assuming your insurer will offer a fair amount without legal intervention.

Can You File a Lawsuit Against an Uninsured Driver?

Yes, you can file a personal injury lawsuit against an uninsured driver in Maryland. However, this route can lead to limited recovery. Most uninsured drivers lack financial assets or the ability to pay for your damages, which is often the reason they are uninsured in the first place. In some cases, a court may award you compensation, but actually collecting that money is another matter. Working with an attorney will help you ensure that you are pursuing options that lead to the best outcome possible, whether that is moving forward with a personal injury lawsuit or working with your own insurance company.

Why Is Working with an Attorney So Important?

If you’ve been injured by an uninsured driver in Maryland, don’t try to navigate the legal and insurance systems alone. An experienced personal injury lawyer can help you understand your rights, build a strong claim, and fight for the compensation you deserve. We’ve helped countless accident victims recover damages in difficult and complex cases, including those involving uninsured drivers in Maryland.

Contact Mobley & Brown, LLP for Help With Your Legal Needs

If you were injured in an accident, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

mistakes to avoid after a car accident

10 Common Mistakes to Avoid After a Car Accident

There are over 100,000 car accidents in Maryland every year, and being involved in one of them can be scary and overwhelming. Because of all the stress involved, it’s easy to make mistakes that could hurt your chances of receiving compensation for your injuries. Whether it’s failing to gather evidence, not seeking medical attention, or speaking with the insurance company too soon, knowing what mistakes to avoid after a car accident can help protect your rights.

Not Calling the Police

One of the biggest mistakes to avoid after a car accident is not calling the police. A police report is crucial in documenting the details of the accident, including witness statements and the officer’s assessment of the scene. Without an official report, proving liability can be more challenging if you pursue a personal injury claim.

Admitting Fault at the Scene

It’s natural to feel shaken after an accident, but one critical mistake to avoid after a car accident is admitting fault. Saying “I’m sorry” or speculating about what happened could be used against you later. Instead, stick to the facts when speaking to the other driver, police, and your insurance company.

Not Seeking Medical Attention

Even if you feel fine after an accident, failing to get medical attention is a common mistake to avoid after a car accident. Some injuries, like whiplash, may not be noticeable immediately because of the adrenaline running through your system. A medical evaluation will ensure your injuries are documented.

Not Gathering Evidence at the Scene

If you’re able to do so safely, collect as much evidence as possible at the accident scene. Take photos and/or videos of vehicle damage, road conditions, traffic signals, and any visible injuries. Get contact information from witnesses too!

Talking with the Other Driver’s Insurance Right Away

Another major mistake to avoid after a car accident is speaking with the other driver’s insurance company before consulting a lawyer. Insurance adjusters may try to get you to make statements that could weaken your claim. An experienced Maryland personal injury lawyer can help you protect your interests.

Accepting the First Settlement Offer

Many insurance companies offer quick settlements to close a case before the full extent of your injuries is known. Accepting an early offer without consulting a lawyer is a costly mistake to avoid after a car accident. Once you accept a settlement, you typically can’t seek additional compensation later, even if your medical expenses continue to rise.

Waiting to File a Lawsuit

In Maryland, there is a statute of limitations of three years for filing a personal injury lawsuit after a car accident. Waiting too long could result in losing your right to seek compensation. It’s best to speak with a lawyer as soon as possible.

Posting on Social Media

Social media can be used as evidence in your case, and one common mistake to avoid after a car accident is discussing the crash online. Even innocent posts about your activities could be misinterpreted and used to dispute your injuries.

Not Following Your Doctor’s Advice

Failing to follow medical advice is another mistake to avoid after a car accident. Insurance companies may argue that your injuries aren’t severe if you miss doctor’s appointments or don’t follow prescribed treatments. Stick to your treatment plan to ensure the best possible recovery and protect your case.

Not Hiring an Experienced Personal Injury Lawyer

One of the biggest mistakes to avoid after a car accident is trying to handle your claim alone. Insurance companies have teams of lawyers working to minimize payouts, and without legal representation, you may not receive fair compensation. A skilled Maryland personal injury lawyer can help gather evidence, negotiate with insurers, and fight for the compensation you deserve.

Contact Mobley & Brown, LLP for Help With Your Legal Needs

If you were injured in an accident, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

How Pain and Suffering Are Calculated in a Personal Injury Case

When you suffer an injury due to someone else’s negligence, one of the ways to seek compensation is through a personal injury case. While medical expenses and lost wages are relatively easy to calculate, determining the value of pain and suffering is more complicated. Understanding how pain and suffering are calculated can help you ensure you receive fair compensation for your damages.

What Is Pain and Suffering?

While many people are familiar with the term “pain and suffering” in the context of a personal injury case, most don’t understand what it means and how it is calculated. Pain and suffering refer to the physical and emotional distress experienced due to an injury. This includes not only the immediate pain caused by the injury but also long-term effects like chronic pain, mental health challenges, emotional distress, and loss of enjoyment of life. Unlike medical bills, which have a clear financial value, pain and suffering are subjective and require careful evaluation.

How Can Pain and Suffering Be Calculated?

There is no one perfect formula for calculating pain and suffering in a personal injury case. However, attorneys and insurance companies typically use two methods: the Multiplier Method and the Per Diem Method.

The Multiplier Method

The Multiplier Method calculates pain and suffering by multiplying the total economic damages (like medical bills and lost wages) by a number typically ranging from 1.5 to 5. The severity of the injury determines the multiplier. For example, they might use 1.5-2 for minor injuries and 5 for serious injuries with lifelong consequences.

For example, if your medical bills and lost wages total $50,000 and a multiplier of 3 is applied, your pain and suffering damages would amount to $150,000, bringing your total compensation to $200,000.

The Per Diem Method

The Per Diem Method assigns a daily rate to your pain and suffering and multiplies it by the number of days you were affected. This method is often used for short-term injuries with a clear recovery period. For example, if the daily rate is $200 and you take 180 days to recover, your pain and suffering damages would be $36,000.

What Factors Can Influence Pain and Suffering Compensation?

Since pain and suffering are subjective and not the same for everyone, several factors influence how they are calculated in a personal injury case. Some of the things considered include:

  • Severity of the Injury: More serious injuries generally result in higher compensation to reflect their seriousness.
  • Impact on Daily Life: If the injury prevents you from working or enjoying daily activities, your compensation may be higher.
  • Length of Recovery: The longer it takes you to recover, the greater the compensation you will often receive.
  • Medical Treatment Required: Surgeries, physical therapy, mental health treatment, and long-term care can increase the value of your pain and suffering.
  • Emotional and Psychological Trauma: Anxiety, depression, PTSD, and other mental health issues can increase the amount awarded.
  • Strength of Evidence: Medical records, expert testimony, and personal accounts will all strengthen your claim.

Is There a Limit to Pain and Suffering in Maryland?

In Maryland, there is a cap on non-economic damages, including pain and suffering, in a personal injury case. As of early 2025, this cap is $950,000 for personal injury claims, and it typically increases every year. In cases involving wrongful death with multiple beneficiaries, the cap is higher. Understanding these limits is essential when pursuing compensation.

Contact Mobley & Brown, LLP for Help With Your Legal Needs

If you were injured in an accident, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.