As part of the damages in your injury case, you can claim compensation for damages you will face in the future. Many injuries involve ongoing care needs and lost wages that should be covered on an ongoing basis. But calculating future damages is often complex.
Generally, you can predict future medical expenses by looking at the current cost of services, estimating how often future care will be needed, and multiplying those two numbers. When estimating future lost wages, you will often use the victim’s average weekly wages. However, future lost wages would also depend on potential raises and promotions, which should also be accounted for. Moreover, estimations about inflation and increased costs of services should also be considered.
To get a free, private case evaluation, call our Maryland personal injury attorneys today at Rice Law at (410) 694-7291.
Can You Claim Future Damages for Injuries in Maryland?
Some states bar injury victims from claiming damages for future injuries. In those states, it might be better to wait as long as you can to file your case so that you have already reached your maximum recovery before you claim damages. Fortunately, Maryland does allow victims to claim future damages, but there are important points to understand about them.
Claiming Future Medical Costs and Lost Wages
Md. Code, Cts. & Jud. Proc. Art., § 11-109 explicitly authorizes economic damages to include “future medical expenses” and “future loss of earnings” as part of the damage award in your injury case.
When these damages are awarded, the jury (or judge in the case of a bench trial) must itemize damages to show which amounts are for past medical bills, past lost wages, future medical bills, future lost wages, non-economic damages, and “other damages.”
Calculating Future Medical Expenses in a Maryland Personal Injury Case
Our Bethesda, MD personal injury lawyers know that medical expenses can be so overwhelming that many injury cases are impossible for victims to pay for. When a defendant or their insurance company is ordered to pay for your medical care, it must include coverage for any future damages that you will face, or else you would be short-changed.
Calculating future medical expenses is somewhat straightforward in that many injuries have a known treatment plan that helps you account for the services you will need going forward. For example, if you suffered a traumatic brain injury and need ongoing home nursing care, we can calculate how much that care will cost and multiply it by the number of years you will need it for.
Future Medical Damages for Complex Injuries
Some injuries are less certain. For example, back injuries often deteriorate over time and result in unpredictable treatment needs. You might need surgery in 10 years, physical therapy in 5 – or you might be okay for the next 15 years. It is often hard to tell, and medical experts are usually needed to supply their best assessments of your care needs.
Supporting Your Claims for Future Medical Damages in a Personal Injury Case
There is also a bit of actuarial science involved in these predictions, which we need experts to help with. If you need ongoing care for the rest of your life, there will need to be an educated, evidence-based assessment of how many years you will live from this point forward to calculate those damages.
Life-Care Planners
Professional life-care planners may help develop a complete and accurate plan for your care needs for the rest of your life. They may use your medical information to determine what your future needs look like and how long you may need them.
Medical Experts
Medical experts are key to these calculations. Your physician and others who might have expert knowledge about your specific condition may be called upon to explain what future medical care you will likely need.
Calculating Future Lost Wages in a Maryland Personal Injury Case
Similar actuarial assessments are used to calculate future lost wages, and these calculations are often more complex. First, we need to determine how much you can work after the accident and compare your pre-injury wages to your post-injury wages to find the difference. Then, we multiply that by how much longer you will work.
Your Future Earning Capacity Before and After an Injury
This will, again, require an actuarial assessment of how many more working years you have left, given the effects of the injury. In addition, you will need assessments of your career path, including potential promotions or raises you may now miss out on.
Even if you can still work after being injured, your capacity to work might be affected. Experts can determine your earning capacity before and after you were injured, and your damages should accurately reflect the difference.
Expert Testimony to Prove Lost Future Earnings
In any case, an experienced Bel Air, MD personal injury attorney will often need to consult with financial experts to have proper estimates and projections made to calculate these damages.
Experts we can call upon to assess your situation and testify include, but are not limited to…
- Economists
- Industry professionals (e.g., if you work in publishing, we need publishing professionals)
- Rehabilitation experts
How Are Future Damages Paid in a Personal Injury Lawsuit in Maryland?
Future damages can be paid as a lump sum or through an ongoing payment plan. Both are valid options, but which option you choose might depend heavily on whether the defendant and their insurance company can afford to pay up front or must pay periodically going forward.
Future Damages Paid as a Lump Sum
Getting all these future damages up front in one lump sum can be beneficial for a few reasons.
First, you have the money now and do not need to worry about trying to collect payments down the road if the defendant stops paying.
Second, you can invest the money now to potentially grow the funds over time and provide yourself with additional financial benefits.
How Present Value Reduction May Affect Future Damages
Many lump sum payments are adjusted downward to reflect the concept of “time value of money.” That is, for example, that $10,000 today will be worth more than $10,000 in 10 years due to inflation – especially if you invest the funds today and grow them over the next 10 years.
Future Damages Paid Through an Installment Plan
Receiving money through an installment or periodic payment plan can help you avoid having to plan or invest the money. However, it generally benefits the defendant more than the victim to pay this way, as they can invest what they would have paid in a lump sum and pay your annuity out of those growing funds. Being trapped in an annuity is also less flexible if surprise costs arise.
What if Your Future Damages Change After Your Personal Injury Case is Over?
Usually, there is no way to adjust these damages after the court ruling and damages are paid. If your calculation was low, you could end up short on funds through either type of payment. As such, accurate calculations are crucial.
What if a Plaintiff Dies Before Final Payments of Future Damages Are Complete?
If the victim dies before the last payments are made, those payments go into the plaintiff’s estate instead. This can happen for natural causes or other causes unrelated to the injury. If the defendant tries to cease payments after a plaintiff passes away, someone representing the plaintiff’s estate should get help from a lawyer right away.
Is There a Cap on Future Economic Damages in Maryland Personal Injury Cases?
Future damages are uncapped. There is no limit to how high these damages may be as long as we have evidence to back up our claims. Even if your future medical expenses are worth hundreds of thousands or even millions of dollars, you may claim the full extent of those damages. The same goes for your future lost earnings.
Are Future Non-Economic Damages Capped in Injury Cases?
Maryland law caps non-economic damages, including future damages. Under the law, as of October 1, 2026, a plaintiff’s claims for current and future non-economic damages are capped at $980,000. The law also states that this limit increases by $15,000 every year.
Jurors are typically not informed about damage caps, and you might be awarded damages that exceed the statutory limit. However, in such cases, the court typically reduces the award to meet the maximum limit.
How Contributory Negligence May Affect Damage Claims in a Personal Injury Case
Accusations of contributory negligence may have a major effect on your claims for current and future damages. Maryland is one of only a few states that adheres to a pure contributory negligence rule. Under this rule, if a plaintiff is even slightly responsible for their injuries, they may recover nothing. This is an incredibly harsh rule, and we must have evidence showing you did not contribute to your injuries in any way.
Call Our Personal Injury Attorneys in Maryland Today
For a confidential, free case review, call (410) 694-7291 and speak with Rice Law’s Baltimore personal injury lawyers.