Left-Turn Crash in Central Maryland: How a Low Offer Was Answered at Trial

What happened?

Our client was driving straight through an intersection on a green light. An oncoming driver turned left across his lane and hit the front of his vehicle. His spouse was riding in the car with him that day.

Police came to the scene, and the other driver was found at fault. Two independent witnesses saw the crash. We later gave their statements to the defense during the lawsuit, and fault was never seriously in dispute.

That’s important in Maryland. Maryland follows contributory negligence, so a driver found even slightly at fault can be barred from recovering anything. With clear liability, the fight in this case was about one thing: how badly he was hurt, and whether the crash caused it.

What injuries did our client suffer?

He had a lower-back injury and a severe ankle sprain. An MRI within days of the crash showed mild compression of one vertebra, with swelling in the bone, and a disc pressing toward a nerve at the bottom of his spine. The ankle X-ray showed no fracture but clear swelling.

A repeat MRI almost three years later still showed disc problems pressing on a nerve root.

The defense hired a doctor to review his records. That doctor said the vertebra finding was an older feature of his spine, not a crash injury. His own orthopedist agreed that feature was there but testified that the disc injury, along with the strain, was what caused his pain.

Having an older finding on an MRI doesn’t bar a claim in Maryland. The question is whether the crash caused or worsened the injury that’s hurting you now.

About four months into his care, his doctor told him he was as good as he would get without surgery. He still can’t lift more than about 10 to 15 pounds or stand for long without a break.

What treatment did our client need?

He waited a couple of days before seeing a doctor. It was during the pandemic, and he hoped the pain would pass. When it didn’t, he went to his primary care doctor.

His care stayed conservative:

About two months of bed rest, since his back pain kept him from using crutches for his ankle

About eight weeks of acupuncture and a short course of chiropractic care

Surgery was offered as an option. He didn’t want it. He also turned down injections because he worried about side effects. He manages his pain with over-the-counter medicine.

PIP and his health insurance paid his bills, which stayed modest.

The practical takeaway: Choosing not to have surgery or injections is your right, and it doesn’t erase an injury. Tell your doctor about your limits at every visit, so your records show what you’re living with.

• X-rays and an MRI within the first week
• Orthopedic care
• Orthopedic follow-up and a repeat MRI years later

How did the injuries affect our client’s life and work?

Before the crash, he was a busy, hands-on retiree. He went to the gym three times a week, played sports, did his own home repairs, built things, and worked on cars with family. He took his grandchildren fishing and bike riding almost every week.

After the crash, much of that stopped. He goes to the gym less and has to be careful when he does. He asks family for help with lifting and projects he used to do alone. He stopped working on cars. With his grandchildren, he mostly watches now instead of joining in. On a family trip the summer after the crash, he needed frequent breaks and help carrying things.

His family noticed the change in his posture and his energy. He told us he felt like he’d aged years overnight, and being so limited left him frustrated and down. He was retired, so there were no lost wages to claim.

In Maryland, an injured person can generally seek medical expenses, lost earnings, and non-economic damages such as pain, suffering, and loss of enjoyment of life. With modest bills and no lost paycheck, that last category was the heart of his case.

What made this case difficult?

Fault was clear. Almost everything else gave the insurer room to keep its offer low.

Low offers. The insurer’s first offer came before it even had his bills. Its top offer would have left him with essentially nothing after case costs and repayments.

Modest medical bills. Conservative care costs less, and insurers often treat low bills as proof of a minor injury.

The “it was already there” defense. The defense doctor tied the key MRI finding to an older feature of his spine.

Delayed first care and long gaps. He waited a couple of days to see a doctor, and once his doctor said he’d plateaued, he went long stretches without formal treatment.

The cost and time of trial. His orthopedist’s testimony had to be recorded in advance, and the case ran for years.

A last-minute postponement. The court postponed the first trial date right before it started. He was frustrated, and a late offer was on the table.

How did we handle it?

Protected the deadline. We filed suit before the deadline to protect his claim.

Locked down fault. We served the independent witness statements early, so the case stayed focused on his injuries.

Answered the pre-existing defense with records. We gathered years of his prior medical records from several providers. They showed no earlier back treatment.

Went back to his own doctor. After the defense report came in, we asked his orthopedist whether it changed his opinion. It didn’t.

Preserved that testimony. We recorded his treating orthopedist’s testimony on video so the jury could hear it at trial.

Prepared for the defense doctor. We studied the defense doctor’s testimony from earlier cases before cross-examining him.

Told the before-and-after story. We interviewed family members and chose the two who could most clearly describe how he’d changed.

Gave straight advice at every offer. When the top offer would have netted him nothing, there was little to lose by going to trial. Before the first trial date, we walked through a late offer with him. It was his story and his decision. He chose trial.

Kept him steady. When the trial was postponed, Tony Balsamo called him that day and we prepared again for the new date.

The turning point was in the courtroom. The jury heard his doctor explain the injury, and heard his family describe the man he was before.

What was the result?

The jury found for our client. The jury awarded him both his past medical expenses and non-economic damages for how the injuries changed his life. The judgment was paid in full. To protect our client’s privacy, we don’t share the amount.

Every case is different. Our past results are no assurance that we will reach a favorable result in any future case.

What this means if you’re in a similar situation

Run the numbers on any offer. Ask your lawyer what you would actually take home after costs and repayments.

Low medical bills don’t mean a small injury. How the crash changed your daily life matters.

A jury can award less than an offer, too. Talk through the real risks with your lawyer before you decide.

Watch the clock. Maryland generally gives you three years from the crash to file a personal injury lawsuit.

My trial got postponed at the last minute. What happens now?

When a court postpones a trial, it sets a new date, and the case goes on. It’s frustrating, especially after you’ve prepared. Use the time to keep notes on how your injury affects your days, and stay in touch with your lawyer about any new offers.