If you were injured because of the negligence of another in Prince George’s County or anywhere in Maryland and you are seeking legal damages, your injury claim will typically resolve through either a negotiated settlement agreement or a jury verdict. Understanding the legal and financial differences between these options is critical when exploring the best option for your unique circumstances. Our Prince George’s County personal injury attorney can help.
What Is The Difference Between A Verdict And A Settlement in Maryland?
In a Maryland personal injury case, a verdict is a formal decision issued in court by a judge or jury after a trial, while a settlement is an agreement between the plaintiff and defendant outside of court. Most of the time, personal injury lawyers work hard to arrange a fair settlement for their clients because it is often in everyone’s best interest to avoid a trial. When a fair settlement cannot be achieved, personal injury lawyers will represent their clients in court to battle for a judgment by trial.
Verdict vs. Settlement
Verdict:
- Issued by a judge or jury at the conclusion of a trial
- Occurs as a result of public court proceedings
- Dependent on the strength of legal arguments, evidence, and testimony
- Legally binding and enforceable
- Can be appealed
Settlement:
- Private negotiated agreements
- Occurs outside of a trial
- Voluntarily entered into by both pirates
- Legally binding
- Generally final with limited appeal options
What Is a Verdict in a Maryland Personal Injury Case?
A verdict is the final decision made after a case has been fully litigated in court, meaning a trial has concluded. In Maryland civil courts, including those in Prince George’s County, a judge or jury will evaluate liability, the credibility of witnesses, and the extent of damages before making a decision.
How a Verdict Is Reached in Maryland Courts
- A formal complaint is filed
- Discovery ensues (each side exchanges evidence, records, testimonies, etc.)
- Pre-trial motions and hearings occur
- If a jury trial is requested, the jury will be selected
- Each side will present evidence and testimony
- Closing arguments
- Jury deliberations or judicial ruling
- A final judgment is issued
In Prince George’s County Circuit Court, personal injury cases are generally complex, as evidence, expert medical testimony, and economic damage determinations can be extensive.
What Is a Settlement in a Maryland Injury Case?
A settlement is an agreement voluntarily entered into by both parties involved following negotiations as a means of resolving the case without the need to proceed to trial. Settlements can occur before a lawsuit is filed, before litigation, and even while litigation is ongoing. However, in most Maryland personal injury cases, a settlement is reached after discovery has occurred but prior to trial.
How Settlements are Typically Reached
- Submission of a demand package outlining damages
- Insurance company evaluation of liability and exposure
- Attorneys will negotiate
- Mediation or settlement conferences may be required
- If an agreement is reached, a settlement contract must be executed
- In exchange for payment, the plaintiff (injured party) agrees to release claims
It’s also important to understand that, unlike a verdict, a settlement will remain private as it does not require a public courtroom decision.
What Compensation Can Be Obtained From A Verdict And A Settlement?
Even though each personal injury claim is different and will have a precise list of damages, it is expected that the compensation granted in verdicts and settlements will be comparable. Here are some common types of recoverable compensation:
Economic damages
- Current and future medical bills
- Lost wages
- Reduced income and earning capacity
- Damage to personal property
- Life-care expenses
- Rehabilitation and physical therapy
- Medication and medical equipment
Non-economic damages
- Pain and suffering
- Disfigurement and scarring
- Loss of enjoyment of life
- Emotional anguish
- Loss of companionship
Are Verdicts or Settlements Higher in Maryland?
Unfortunately, if you have sustained an injury in Prince George’s County and wish to know which option can help secure more funds for the damages you have suffered, there is no universal answer. Jury verdicts often exceed settlement offers, particularly when a catastrophic injury has occurred. However, verdicts carry additional risk because of the potential for appeals, findings of contributory negligence, or jury decisions that ultimately reduce or completely eliminate damages.
Should You Accept a Settlement or Go to Trial?
In Maryland, the decision to accept a settlement or proceed to trial will depend heavily on the availability of insurance coverage, jury perception, and liability strength. It is imperative to work with an experienced attorney to evaluate these factors before making a decision.
Maryland adheres to a contributory negligence doctrine. This means that if you are found to have contributed to the accident in any capacity, you may be barred from recovering compensation. This law makes venue-specific risk evaluation imperative for claims proceeding in Prince George’s County and other jurisdictions in Maryland.
Decision Considerations
- Strength of evidence proving liability
- Likelihood of a sympathetic jury
- Financial urgency
- Litigation timelines
- Severity and permanency of injuries
- Risk of a contributory negligence defense
Contact Our Maryland Personal Injury Law Firm Today
At McCarthy, Winkelman & Mester, L.L.P., our legal team has a strong focus on litigation that seeks just and fair compensation for victims of another party’s negligence. If you need a Prince George’s County personal injury lawyer that handles cases in Maryland, Washington D.C., or Virginia, our firm has the resources and knowledge needed to take a case as far as necessary, including to the U.S. Supreme Court. If you suffered an injury or loss because of another person’s negligence, contact us today.
