Will My Waldorf, MD Personal Injury Claim Settle or Go to Trial?

If you were hurt in a car accident, bitten by a dog, or injured by a bad product, your next step is usually a claim. That claim goes to the at-fault party’s insurance. It can cover medical bills, lost wages, future care, vehicle damage, and pain and suffering.

But one question comes up early in almost every case. Will my claim settle, or will it go to trial?

The honest answer is that most Maryland personal injury claims settle. In fact, the U.S. Department of Justice’s Bureau of Justice Statistics found that only about 4% of tort cases (the legal category covering injury claims) end in a trial. The other 96% settle, get dismissed, or are resolved another way. Still, every case is different. A few key things decide which path yours takes.

Most Maryland Personal Injury Claims Settle

The vast majority of personal injury cases end without a trial. Insurance companies prefer to settle. Trials are slow, costly, and uncertain. Most injured clients prefer to settle, too. A settlement brings faster payment and ends the stress sooner.

Settlement does not mean you have to take the first offer. It means both sides talk until they agree on a fair number. If they cannot agree, the case can move forward as a lawsuit. Talks often continue right up to (and even during) trial.

Why Liability Is Often Disputed in Maryland

Maryland is one of only a few states that still follows the contributory negligence rule. Under this rule, if the defense can prove your own carelessness helped cause your injuries, you can be barred from any recovery. This is true even if the other side was mostly at fault. It is a strict standard. It is one reason insurance companies push hard to assign some blame to the injured person.

Because of this rule, the at-fault party’s insurer will often deny liability or argue you helped cause the wreck. In our experience handling Southern Maryland injury cases since 1993, even a small comment from you, like “I might have been going a little fast,” can become the basis of a denial. That is why having a Maryland personal injury attorney involved early matters. Your attorney handles the insurance company. Your attorney protects what you say on the record. And your attorney builds the evidence that supports your version of events.

Factors That Drive Settlement

Both sides weigh the same general facts when they decide whether to settle:

• How clear the liability picture is
• The severity and permanence of your injuries
• The amount of your medical bills and lost income
• Whether there is strong evidence (police reports, photos, witnesses, medical records)
• The insurance policy limits available
• The cost and risk of going to trial

Once your medical care is far enough along to know the full picture, your attorney sends a demand letter to the insurer. The insurer usually responds with a lower number. From there, both sides go back and forth. Many cases settle in this stage without ever needing a lawsuit.

What Happens If You Cannot Reach a Settlement

If both sides cannot agree, you have a choice to make. State law gives you three years from the date of the injury to file a lawsuit (Md. Code, Cts. & Jud. Proc. § 5-101). If that deadline is close and the case is not settled, your attorney will usually file a complaint to protect your right to recover.

Filing a lawsuit does not mean you are going to trial. Most cases that are filed still settle. Filing simply opens up a formal phase called discovery. In discovery, both sides share evidence, take depositions, and learn more about each other’s case. Settlement talks usually continue during this phase. Many cases resolve at mediation before a courtroom is ever booked.

The Real Tradeoffs of Going to Trial

A jury trial can produce a verdict larger than the insurance company’s best offer. That is the upside. The downsides are real, too:

• You can lose. A verdict for the defense means zero recovery.
• The contributory negligence rule applies at trial. If the jury assigns you any fault, the case can be lost outright.
• Trials take time. A case that goes to trial is often delayed a year or more.
• Trials are stressful. You will likely have to testify and be cross-examined.
• An appeal can add another year or more after the verdict.

For these reasons, a fair settlement is often the better outcome. Your attorney can walk you through the offer on the table. Your attorney can also explain the range of likely trial outcomes. You can then make the choice with clear information. The final call is always yours.

Frequently Asked Questions

What percentage of personal injury cases go to trial?

About 4%. According to the U.S. Department of Justice Bureau of Justice Statistics, roughly 4% of tort cases (the legal category covering injury claims) are resolved by a bench or jury trial. The other 96% settle, get dismissed, or end another way.

Do most injury cases in Maryland go to trial?

No. Most injury cases here settle before trial. Filing a lawsuit does not commit you to a trial. Settlement talks continue through discovery and mediation.

How long does a Maryland personal injury case take to settle?

It depends on the injuries. Simple cases can settle in a few months once treatment is complete. Cases with serious injuries, ongoing care, or disputed liability can take a year or more.

What is the deadline to file a personal injury lawsuit in Maryland?

Three years from the date of the injury for most claims (Md. Code, Cts. & Jud. Proc. § 5-101). Some claims, like those against a government entity, have shorter notice deadlines. Talk to a lawyer well before the deadline.

Do you take injury cases on a contingency fee?

Yes. The Law Office of Robert Castro handles personal injury cases on a contingency basis for eligible cases. You pay no legal fees unless we recover money for you.

Contact a Maryland Personal Injury Attorney

If you have questions about an injury claim and whether yours is likely to settle or go to trial, the Law Office of Robert Castro is here to help. Call (301) 870-1200 or contact us online to schedule an initial consultation.

For related reading, see our post on what a Settlement and Release of Claims Agreement is.