Severn, MD asked in Car Accidents for Maryland

Q: Can I bring a claim because I could have died in the car accident?

Related Topics:
1 Lawyer Answer
Ronald V. Miller Jr.
PREMIUM
Ronald V. Miller Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Personal Injury Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: Yes and no. Certainly, the trauma and fear of dying is a part of the pain and suffering from the crash. Many times I have mentioned in closing arguments that the suffering begins with that fear. In death cases, this is the kind of damages that can be worth millions to a jury. My law partner once got a $4 million because the victim said "Oh sh--" before the crash.

But in your garden variety personal injury claim where the injuries are not permanent and they resolve, you are generally not going to see juries, insurance companies, and judges place a lot of value on anything other than what the injuries were and how you were impacted by them. Are their exceptions to this? Absolutely. But the most likely outcome is that your "I could have died" will not be given much weight for damages by the finder of fact.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.