Failure-to-Yield Crash in Northeastern Maryland: How a Looming Deadline During Treatment Was Handled

What happened?

Our client was driving on a two-lane road in Northeastern Maryland when another driver pulled out of a private driveway without yielding and struck her car. The impact totaled her car.

The fire company responded, and she was taken to the ER that same day. She hired us about two weeks after the crash.

Fault was not the hard part of this case. The other driver had to yield before pulling onto the road, and his insurer accepted liability within about two weeks of our involvement. That mattered, because in Maryland, contributory negligence means a driver found even slightly at fault can be barred from recovering anything.

We also got the at-fault insurer to front her deductible so the property claim on her totaled car could close quickly.

What injuries did our client suffer?

Her most serious injury was to her neck. An MRI showed narrowing of the spinal canal in her lower neck, pressing on the spinal cord and nerves. That caused pain and numbness running into her arm and fingers.

She also had a chest injury that required heart testing, back pain, and headaches.

She’d had low-back trouble before, but never any neck complaints. Having a prior injury doesn’t bar a claim in Maryland. The question is whether the crash caused a new injury or made an old one worse. Here, her surgeon reported finding no scar tissue during surgery, which supported that the neck injury was new.

Her recovery left lasting limits. When the case settled, she still had permanent restrictions on lifting, pulling, turning, and bending. She had ongoing numbness in her right hand and fingers and sometimes dropped things. Her neck no longer sat straight, and the surgery left visible changes. Her surgeon had raised the possibility of another surgery, depending on nerve test results.

What treatment did our client need?

Her care ran about three and a half years:

Neck decompression and fusion surgery at about five months, followed by six weeks in a neck brace

Surgery waited until her heart doctor cleared her. Afterward, her follow-up tests were delayed for more than a year by pandemic restrictions, health plan approvals, and few providers offering the nerve ultrasound she needed.

None of those delays were her fault. We arranged a letter of protection so her MRI could go forward, and later called providers one by one to find the ultrasound.

Her personal injury protection (PIP) coverage paid first until it was used up, and her health plan paid much of the rest.

The practical takeaway: When a delay isn’t your fault, write down why it happened. Insurers often treat gaps in care as proof that you weren’t really hurt.

• ER care the day of the crash
• Primary care follow-up and heart testing
• About two months of physical therapy
• An orthopedic spine surgeon and a neck MRI
• Home care and more physical therapy
• Nerve testing, a CT scan, and a nerve ultrasound

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

Our client didn’t work outside the home. Her job was caring for family members who rely on her for daily, hands-on care. After the crash and surgery, she couldn’t lift, pull, or help move them the way she had for years.

Her husband had to take on most of that physical work. The hobbies they shared, like camping and concerts, mostly stopped. Family outings got harder.

She had trouble turning her head, so she changed how she drove and parked, and she became afraid to drive. Numbness made her drop things. She was self-conscious about how her neck looked after surgery.

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. A married couple may also bring a joint claim for loss of consortium, meaning harm to the marriage itself, such as lost companionship and help.

What made this case difficult?

The hard part was time. Her recovery was still going when the clock on her claim was running out.

A long, delayed recovery. Surgery waited on heart clearance, and follow-up testing was delayed for more than a year.

The three-year deadline. Maryland generally gives you three years from the crash to file a personal injury lawsuit. Her treatment wasn’t finished when that deadline approached.

No settlement talks before mediation. No offers were exchanged before the case reached mediation.

Her medical history. The defense subpoenaed years of her primary care records looking for prior problems, including her earlier low-back trouble.

A challenge to her husband’s claim. The defense used outdated notes in her own medical records to argue against his loss of consortium claim.

Losses that don’t show up on a pay stub. Her biggest losses were in caregiving and daily life, which are harder to prove than lost wages.

Each of these gave the insurer a reason to wait or to value the claim low.

How did we handle it?

Kept her treatment moving. We arranged a letter of protection for her MRI and tracked down providers when her tests stalled.

Built the medical link. We worked with her surgeon on his opinion that the neck injury was new and caused by the crash, then designated him as a medical witness.

Protected the deadline. We filed suit in Circuit Court before the three-year deadline, while she was still treating. Filing protected the claim without forcing a rushed settlement.

Showed what changed. We had a day-in-the-life video made, showing what she could no longer do at home and how her husband had taken over. We also lined up family and caregiver witnesses.

Prepared both spouses. We prepared her and her husband for their depositions, and both testified well.

Answered the records attack. When the defense pointed to old notes, we gathered more records and witness support showing those notes were out of date.

Went to mediation ready for trial. Our mediation statement laid out her permanent limits, the caregiving losses, and the risk to the at-fault driver if the case went to a jury.

The turning point came after depositions. The defense’s search of her prior records turned up nothing that explained away her neck injury. With strong testimony, the surgeon’s support, and the video on the table, the case settled at mediation.

What was the result?

The case settled at mediation. Her husband’s loss of consortium claim was resolved at the same time. 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

Don’t let the deadline sneak up on you. Filing suit can protect your claim while you finish treatment.

If an insurer or provider delays a test, keep a record of why. Delays outside your control shouldn’t count against you.

If your injury changed your marriage or your role at home, tell your lawyer. Your spouse may have a claim too.

Expect the defense to look at your old medical records. Be upfront with your lawyer about past injuries.

The insurance company is going through my old medical records. Is that normal?

Yes. The defense often subpoenas past records to look for prior injuries. That’s why it’s important to tell your lawyer about past problems up front. Here, the defense found earlier low-back trouble but nothing involving her neck, and her surgeon’s findings supported that the neck injury was new.