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What Are the Damages in a Maryland Personal Injury Case?

If someone else’s negligence in Maryland has hurt you, you may be entitled to compensation for your losses and long-term medical needs. This compensation, known as damages, covers both economic and non-economic losses. The Maryland personal injury attorneys of Regan Zambri Long have decades of combined experience taking on the insurance companies and the at-fault party.

With a track record of millions of dollars in settlements and verdicts, an experienced attorney from Regan Zambri Long will help you recover the damages you are entitled to.

For a no-obligation, free consultation, call our Maryland personal injury attorneys for a free case review today.

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Damages: Key Elements of Maryland Personal Injury Claims

These two categories of damages work together to provide a comprehensive approach to compensation, aiming to restore the victim financially while acknowledging the personal toll of their injuries.

Economic Damages in Maryland Personal Injury Cases

Economic damages are the first damages you may be entitled to in a personal injury lawsuit. These damages are meant to cover tangible losses. The following are the most common forms of economic damages you may recover from the insurance companies or in a lawsuit.

Medical Expenses

Medical treatment can be costly following an accident, and long-term medical care costs can financially ruin a family. If you were involved in an accident, you may be entitled toStethoscope and calculator placed on health insurance documents, Individual medical health insurance. Concept life planning compensation for all medical expenses associated with the accident.
Medical expenses would include:

  • Medical bills
  • Treatment, including therapy, rehabilitation, etc.
  • Medication
  • Medical devices

Medical care also extends to future medical needs if that treatment directly results from the injuries sustained in the accident. However, to secure the maximum compensation for your medical bills, you must seek medical attention as soon as possible following the accident. By establishing medical documentation, including medical records, reports, etc., you have a clear paper trail of what expenses you’ve incurred from your physical injuries.

Lost Wages

If your injuries have resulted in time away from work, you may also be entitled to compensation for lost wages. Lost wages include your hourly or salary rates, commissions, and bonuses.
Record past pay stubs to show what you would have made had you not been involved in the accident to prove the income you lost.

Loss of Earning Capacity

Sometimes, an accident will result in you being unable to return to your old job or work. If you’ve suffered a severe injury that has left you unable to perform your work duties, resulting in a pay cut, you may receive compensation for your loss of earning capacity. For example, if you were a construction worker who suffered a spinal cord injury in a car accident that was no fault of your own, you may be able to seek compensation for the income you have lost now that you cannot return to your line of work.
A personal injury attorney experienced in catastrophic injuries can help you navigate the legal process to recover compensation for your financial losses.

Property Damage

In many accidents, personal property is damaged. For example, if your car were damaged in a wreck, you would be entitled to reasonable compensation to restore the vehicle to its state before the accident. However, if the car is totaled and repair costs are more than it is worth, you would be entitled to compensation up to the value of your vehicle before it was damaged.

Non-Economic Damages in Maryland Personal Injury Cases

Non-economic damages are losses that are not tangible and are more subjective to calculate. The most common forms of non-economic damages awarded in Maryland personal injury claims relate to pain and suffering, emotional distress, and loss of consortium.

Pain and Suffering

Pain and suffering is often a catch-all phrase that encompasses the physical discomfort and emotional distress of being in an accident.

maryland personal injury damages

Pain may include:

  • Immediate pain
  • Long-term pain/Chronic pain
  • Disability and disfigurement
  • Loss of bodily function

Suffering pertains more to the emotional losses such as:

  • Mental anguish
  • Changes in sleeping or eating
  • Loss of enjoyment of life
  • Mood swings

Pain and suffering may also describe any losses related to an inability to perform and exist in everyday life.

Emotional Distress

Though similar to pain and suffering losses, emotional distress includes more of the mental health complications associated with distress. Injury victims suing for emotional distress may seek compensation for:

  • Depression and anxiety
  • Shame or guilt
  • Insomnia
  • Flashbacks of the accident
  • Fatigue
  • Weight gain or loss

Loss of Consortium

Loss of consortium pertains to losses associated with the loss of:

  • Society
  • Affection
  • Assistance
  • Sexual relations

Loss of consortium claims typically arise when the injured person can no longer participate or contribute to the marriage the way they were before the accident. Examples of loss of consortium may include:

  • A truck accident victim who is no longer able to engage in sexual relations with his wife due to his injuries.
  • A mother who was unable to bond with her newborn after birth injuries and trauma.
  • A nursing home abuse victim who is no longer able to go out into the community as she once would have due to her anxiety and depression.
  • A wrongful death victim whose child will grow up without the love and guidance of that parent.

It is important to document how debilitating injuries have impacted your daily life and relationships and share this with your chosen legal representation.

Punitive Damages

In some cases, punitive damages are awarded to punish the liable party. The defendant must have acted grossly negligent to recover punitive damages, which led to your injuries.

Punitive damages are not often awarded in cases like car accidents. Still, they are more commonly seen in personal injury matters related to sexual abuse, medical malpractice, product liability, and defective product claims.

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Are There Caps on Damages in Personal Injury Cases in Maryland?

Under Maryland law, there are no caps on economic or punitive damages. However, there are caps on non-economic damages.
As of 2024, the cap for non-economic damages in Maryland personal injury cases is $935,000, increasing by $15,000 each year. So, while victims may recover an unlimited amount of compensation for economic damages and punitive damages, they cannot on non-economic losses, including the family of wrongful death victims.

However, the amount for wrongful death victims has been adjusted. Maryland families impacted by wrongful death may recover up to $1,402,000 million if there are two or more beneficiaries.

Further, the estate may also make a claim, resulting in up to $2,337,500.Remember, burial and funeral expenses are not included in this amount.
The case will often go before a jury to recover financially from non-economic losses, and jurors are often concerned about how much compensation is truly needed.

Calculating Damages for a Personal Injury Claim

While Maryland personal injury victims may recover millions of dollars for their accident losses, the average settlement for an injury is:

maryland personal injury lawyer

  • $15,000 to $25,000 for minor injuries
  • Up to $100,000 for moderate injuries
  • Hundreds of millions of dollars for catastrophic injuries and wrongful death claims.

Calculating the value of your claim often becomes the job of your legal team, who will consider the following:

  • The severity of your injuries
  • Long-term implications of your injuries
  • Impact on your quality of life

When you begin a legal claim, your lawyer will review all available evidence, including the accident report, police report, testimonials from medical professionals, conferring with accident reconstruction specialists, etc.
Further, they will determine if the contributory negligence rule is at play. Under Maryland’s contributory negligence law, you cannot recover compensation if you are responsible for an accident. To prove you are not at fault, your lawyer will illustrate:

  • The defendant had a legal duty of care to you.
  • There was a breach of duty.
  • The breach resulted in the accident and your injuries.
  • You suffered damages as a result.

Calculating the value of your personal injury claim can be complicated, and insurance adjusters are likely to lowball your compensation. Also, undergoing settlement negotiations alone can prove harmful to your case.

How Can Our Maryland Personal Injury Lawyer Help

Getting hurt because of the actions or inactions of someone else can send your life into a tailspin. However, that doesn’t mean you must navigate the legal process alone. At Regan Zambri Long, we help personal injury victims and their families recover financial compensation for their losses following an accident. Not all personal injury firms can handle complex cases, but we do. Whether you’ve been hurt in a car accident, a slip-and-fall, medical malpractice, or other accident, our personal injury lawyers can help you secure fair compensation from the responsible party.

Our attorneys work on a contingency fee basis, meaning there are no upfront costs to you, and we only get paid if you win.  For a no-obligation, free consultation, call the Maryland personal injury lawyers of Regan Zambri Long to book your initial consultation.

Schedule a Free Consultation

Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.

Call 202-960-4596

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