When a victim dies as the result of someone's mistake, the last thing they are thinking about is how much money they will get for their loss. Almost invariably, they focus on their own pain and grief and the anguish of others they love dealing with the loss. But after that, the survivors turn to their desire for at least some measure of justice and/or they focus on how they will survive economically. From this, their question becomes, "How much money will I get to compensate me for this loss?" Are their statistics and data on Maryland wrongful death verdicts that will help me better understand the range of compensation I can expect?
This page will provide answers for you to these questions.Average Wrongful Death Settlement/Verdict
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There are a lot of statistics that provide information on the average value of a wrongful death claim, both in Maryland and nationally. Here are a few useful statistics:
- The average fatal accident or malpractice claim for an adult man is $4.1 million ($1.4 million median); for a adult woman, it is $3.1 million ($1.4 million median)
- The average verdict for a minor male is $4.3 million ($2 million median); for minor girls the average is $3.4 million ($1.5 million median).(No, we can't explain the difference.)
- The average verdict for deaths over 65 is $1.3 million.
- The average settlement/verdict (combining the two) in Maryland traffic accident death claims is $500,000.
The last statistic seems out of place. Why does the average value fall to $500,000 when settled cases are thrown in the mix. Two reason:
- There are many car accident deaths where the insurance policies are not large enough to cover the loss. It happens rarely but we have settled motor vehicle collision fatality claims for as little as $20,000 because there was such limited insurance to cover the claim.
- The cap on pain and suffering damages limits the settlement value of the case to less than the average of what a jury might give. Accordingly, if a jury awards $10 million in pain and suffering, for example, that verdict would be reduced to between $680,000 and $2 million, depending on the details of the case and the year of the fatality.
So, to give you a better idea of the value of a case, we provide below some verdicts and settlements - most handled by our law firm - in Maryland wrongful death cases. Keep in mind, particularly where there is a fatality, you can't perfectly compare verdicts. You might see a case that sounds exactly like yours but it is very different in an important way. These verdicts are helpful but you need to take these with a pinch - and sometimes a handful - of salt.
- 2013 Maryland Verdict of $5.5 Million: Woman dies after open heart surgery when wires were removed from her chest after a successful surgery. The evidence at trial was that when the pacing wires were pulled, they lacerated or cut her newly placed vein graft, causing her to bleed to death. Rod Gaston was the lead attorney on this case.
- 2013 Maryland Settlement for $300,000 – Horrific accident involving an 18 year old girl who is tragically killed when the vehicle in which she was a passenger travels the wrong way on a highway, striking another vehicle head on. Her 19 driver and another 18 year old passenger are also killed, as well as the 55 year old driver of the vehicle that they struck. Both drivers were determined to be intoxicated. This case settled for a total of $300,000. $50,000 is contributed by Liberty Mutual, the insurance carrier for the driver of the vehicle that was struck, $100,000 is contributed by USAA as the insurance carrier for the other driver, and $150,000 also from USAA as the uninsured motorist carrier for the 18 year old girl. Ron Miller and Laura Zois from Miller & Zois handled this case, which was profiled by CNN and hundreds of other newspapers and television outlets. This case also showed the depths that you have to go to sometimes in order to find insurance coverage. Half of this settlement came from an car insurance policy issued in Germany.
- 2012 Maryland Settlement for $1,000,000 – An eighteen year old girl is horrifically killed by a pick-up truck, in front of several witnesses, while pushing her infant in a stroller. Miraculously, her child is unharmed. Suit is filed in Baltimore County where the occurrence happened. The defendant driver has a commercial policy with a million dollars in coverage. The case settles for policy limits. Ron Miller from our law firm handled this case.
- 2012 Maryland Verdict for $760,000 – A beautiful 24 year old girl is killed when another driver runs a red light in Baltimore , and strikes her vehicle in the intersection. The tortfeasor offered their policy limits immediately, and the case went to trial against the uninsured carrier. A lot of drama was involved with this claim against Progressive, who tendered their $100,000 policy after the jury’s verdict of $760,000.
- 2012 Maryland Verdict for $805,000 – A woman in a motorized wheelchair is traveling down the street in Anne Arundel County when she is struck by a truck exiting a local business. She passes away from her injuries shortly after being struck. Suit is filed and a jury finds the defendant driver to be negligent. The decedent’s family and her estate are awarded $805,000 by the jury.
- 2011 Maryland Settlement for $300,000 – A 57 year old man is tragically killed when his Toyota 4Runner is violently rear-ended at a stop light. The accident occurred in Montgomery County. Unfortunately, the driver responsible had an out of state policy with a $15,000 limit. Thankfully there was another $285,000 in uninsured benefits available through the decedent’s GEICO policy. Ron Miller from our law firm handled this case.
- 2010 Maryland Settlement for $50,000 – A 20 year old man is struck and killed while attempting to cross the road. He is pronounced dead at the scene. The driver is uninsured. The case settles for the deceased’s parents’ policy limits of $50,000 whom he resided with. The UIM carrier was Encompass Insurance Company. This case underscores the worst of wrongful death case. You have a young man in the prime of his life. A wonderful mother with an unbelievably forgiving spirit. But the recovery is only $50,000. Again, the take home message is that, sometimes, you turn over every stone and their is still no real coverage. Ron Miller from our firm handled this case.
- 2010 Maryland Settlement for $100,000 - An 18 year old girl is tragically killed when she is rear-ended while stopped and waiting to make a left-hand turn. After an extensive search for all available insurance policies is conducted, the case settles for the tortfeasor’s limits of $100,000. State Farm is the at-fault insurance carrier. Ron Miller from our law firm handled this case.
- 2008 Maryland Settlement for $750,000 – A 37 year old motorcyclist is struck and killed by a Freightliner truck who failed to yield the right of way. The deceased is survived by his mother and minor daughter. The case settled in mediation. Ron Miller & Laura Zois from Miller & Zois handled this case.
- 2008 Maryland Settlement for $80,000 – A 65 year old pedestrian is struck and killed while trying to cross the road. MAIF is the tortfeasor’s insurance carrier, and the case settles prior to trial for $80,000. Our firm handled this matter. Ron Miller and Rod Gaston from Miller & Zois handled this case.
- 2007 Maryland Verdict for $8,005,000 – Horrific case. A 23 year old man was killed instantly when the car in which he was a passenger crossed the center line, and was t-boned on the passenger’s side by a tour bus. The driver of the vehicle was drunk and ran from the scene. The case went to trial and the jury awarded the man’s estate an incredible $8 million dollars. Ron Miller and Laura Zois from Miller & Zois handled this case.
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If you live in the Baltimore Washington area someone you love has been killed we can help you. Get a free on-line no obligation consultation with our lawyers or just call us at 800-553-8082.More on Death Claims in Baltimore-Washington Area