Securing Fair Compensation For Clients Suffering From Catastrophic Injuries

While most clients with negligence cases suffer serious injuries, leading a normal life remains possible. For a significant minority of cases, however, the injuries can be forever life-changing.

Catastrophic injuries may result in permanent, life-altering consequences, which may be physical, emotional, financial or all of the above. Common examples include the loss of one or more limbs; fractures (other than compression fractures) anywhere along the spinal column; non-correctable loss of vision or hearing; traumatic brain injuries; damage to organs; and loss of senses, among others.

The following example, in which the client was fortunate to have survived a motor vehicle collision, illustrates the necessity of having effective legal representation. The analysis is applicable to any and all serious injury cases.

Erin Quinn, age 24, was proceeding southbound on Ritchie Highway in her 2024 Toyota RAV-4. She stopped for a red light at the intersection of Ritchie and College Parkway. As she was waiting for the light to turn green, Ms. Quinn was struck forcibly from behind by a 2022 Dodge Durango, driven by Dennis Devlin, and owned by his employer, Derry Moving Solutions Inc. Mr. Devlin failed to brake. He did not slow down at all prior to hitting Ms. Quinn. The force of the impact was so great that it propelled the Toyota into the median, where it struck a guardrail, a second powerful impact.

Ms. Quinn suffered a concussion, fractured C-4 vertebrae in her neck, sprains to her left wrist, and fractures to both ankles. Somewhat fortunately, she has no memory of the aftermath. She feels lucky and blessed to have survived Mr. Devlin’s carelessness.

Lost wage documentation and medical records were assembled. Ms. Quinn had surgery at a University of Maryland Medical System facility on January 10, 2025. Her medical bills totaled nearly $160,000. She was out of work from her teaching job for five months and had lost wages of $25,000.

After about a year of gathering documents on Ms. Quinn’s behalf and following her recovery, the Aviva Insurance Company was sent a 12-page settlement proposal, outlining and expanding upon the above-noted facts. Based upon a report from Ms. Quinn’s treating surgeon, the letter also explained the future medical expenses that Ms. Quinn would incur, including a second surgery to remove the hardware in her neck. A future wage loss of nearly $500,000 was also predicted, given her occupational limitations.

Following several months of negotiations, the case was settled, without the filing of a lawsuit, in consideration for a payment in excess of $1 million. Counsel continues to work with the client to satisfy her substantial outstanding medical bills. She had no health insurance at the time of the collision.

Any discussion about catastrophic injuries in Maryland must include mention of the state’s unfair and potentially unconstitutional caps on non-economic damages, such as pain, suffering, disability and loss of enjoyment of life. These are separate limits on the amounts recoverable, depending upon when the negligent act occurred. For causes of action arising on or after October 1, 2025, the cap is $965,000. If there is more than one beneficiary in a wrongful death case, the cap is multiplied by a factor of 1.5, creating a cap of $1.44 million. These caps increase to $980,000 and $1.47 million as of October 1, 2026. No amount may be awarded above these figures.

If a jury, after considering all evidence, rules that non-economic damages exceed this amount for the death of a parent, spouse or child, the award is automatically reduced to the capped levels. So far, challenges to caps based upon their denial of due process and equal protection under the law have been denied by Maryland’s appellate courts. Such challenges have succeeded in overturning caps in other states.

If you or someone you know suffers a catastrophic injury as the result of the careless and/or intentional acts of another person, you should consult with an attorney familiar in this area.

The attorneys at The Law Office of David V. Diggs are experienced in all facets of catastrophic injury and death. If you need further information, contact The Law Office of David V. Diggs LLC, located at 8684 Veterans Highway, Suite 302, in Millersville, by calling 410-244-1189 or by emailing david@diggslaw.com.

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