As a victim, it is important to understand the compensation available to you in a lawsuit against a negligent party. So, how can you calculate non-economic damages for your compensation claim in Maryland?
To calculate non-economic damages in a lawsuit in Maryland, victims can use either the multiplier method or the per diem method. First, however, victims must ensure that they compile proof of damages, which can be a challenging task. To achieve this goal, you can keep a journal or seek help from a therapist after an accident that results in injury. It is essential to note that Maryland caps non-economic damages in most injury claims. After calculating the compensation for pain and suffering that you should recover, our attorneys will refer to the current limitations on non-economic damages to determine the amount available.
For a free case evaluation with the Maryland personal injury lawyers at Rice Law, call today at (410) 694-7291.
How Do You Use the Multiplier Method to Calculate Non-Economic Damages?
Calculating non-economic damages can seem challenging to victims, as emotional damages do not come with a price tag. Our Baltimore personal injury lawyers can use the multiplier method to determine the appropriate amount of non-economic damages you should recover in a lawsuit against a negligent party.
Calculate Economic Damages
The multiplier method for calculating non-economic damages in a lawsuit against a negligent party is relatively simple. It begins by determining the amount of economic damages you wish to recover. Our Maryland personal injury lawyers can gather records of your medical bills, lost wages, and other out-of-pocket expenses to determine your financial losses due to a negligent party.
Choose a Multiplier
Using the multiplier method, victims can take the sum of their economic damages and multiply that amount by a chosen factor. Depending on the circumstances of your case and the pain and suffering you have experienced, the multiplier our attorneys may use may vary. Multipliers generally range between 1.5 and 5, with a multiplier of 5 signifying you suffered very severe injuries.
Calculate Damages
Once we identify the multiplier, we will multiply it by your total economic damages. For example, suppose you incurred $200,000 in economic damages because of the defendant. If your pain and suffering have been severe, you may be able to multiply that amount by a factor of two to request $400,000 in non-economic damages.
How Do You Use the Per Diem Method to Calculate Non-Economic Damages?
To calculate non-economic damages in a lawsuit in Maryland, victims can use the per diem method with our help.
This calculation method works by determining a daily rate of damages based on your daily pay and the severity of your injury, and multiplying that amount by the number of days you have experienced pain and suffering.
If you take your case to court, a judge or jury might use the per diem method to determine non-economic damages. In that case, a judge or jury will determine a daily rate to calculate the non-economic damages you are awarded. Our attorneys can estimate an appropriate daily rate for your case, allowing you to anticipate the compensation you may recover.
How Does Insurance Calculate Non-Economic Damages?
You shouldn’t take an insurance company’s first settlement offer at face value, especially when it comes to non-economic damages. Insurance doesn’t always use the same methods or numbers as our lawyers do when calculating damages, which could skew results.
While insurance companies may use some form of the per diem or multiplier methods to calculate a claimant’s non-economic damages, they are not always transparent about their calculation practices.
Insurance may use a lower multiplier than our attorneys when calculating non-economic damages or may underestimate the number of days you are likely to experience pain and suffering. We can advocate for you in this situation and stop you from accepting an unfair settlement.
Does Maryland Cap Non-Economic Damages?
Depending on the reason for a lawsuit in Maryland, there may be limitations on the non-economic damages that victims can recover.
Medical Malpractice
According to Md. Code, Cts. & Jud. Proc. Art., § 3-2A-09, non-economic damages in medical malpractice claims are currently limited to $905,000 in 2025. If a victim dies due to medical malpractice and two or more survivors file a claim, non-economic damages are limited to 125% of the normal cap.
Personal Injury
According to § 11-108(b)(2)(ii), non-economic damages in regular personal injury claims are limited to $965,000 as of October 2025. This cap increases $15,000 each October in Maryland.
Wrongful Death
The same $965,000 cap for 2025 applies to wrongful death claims with one survivor. If there are two or more survivors of a wrongful death lawsuit, the cap on non-economic damages increases by 150%.
What if Your Damages Exceed Maryland’s Non-Economic Damages Cap?
Suppose you were injured in an accident that resulted in $500,000 in medical bills, lost wages, and other out-of-pocket expenses. If you use the multiplier method to calculate non-economic damages and use a factor of two, your estimated non-economic damages will equal $1 million. Since you cannot recover more than $965,000 in 2025, the judge would adjust your damages to meet the cap.
Our attorneys will work hard to ensure you recover the most compensation possible in non-economic damages in your case, even if caps limit it. After calculating an amount using the multiplier method or per diem method, our attorneys will compare that number to the limitations on non-economic damages for your lawsuit so that you know what to expect.
How Do You Document Non-Economic Damages?
To calculate and ultimately recover non-economic damages, we must submit proof of them. Gathering proof of damages to recover non-economic damages can be difficult. Unlike economic damages, there may not be ample records to illustrate the emotional impact a negligent party’s actions have had on your life. To more easily show the pain and suffering you have endured, our Aberdeen personal injury lawyers may advise you to take several steps while healing after an accident.
Keep a Journal
Keeping a journal can help you recover non-economic damages and result in more precise calculations. A journal that details how a negligent party’s actions have impacted your life can act as proof of damages, allowing you to recover considerable non-economic damages in a lawsuit for compensation.
See a Therapist
In addition to asking you to document your pain and suffering personally, our attorneys may advise you to seek help from a therapist following an accident. Mental healthcare professionals can attest to the many emotional and mental difficulties you have experienced since sustaining injuries, such as anxiety, depression, post-traumatic stress disorder, and other problems.
FAQs About Calculating Non-Economic Damages
What Factors Affect Non-Economic Damages Calculations?
The victim’s age, severity of injury, and permanency of injury all affect non-economic damages calculations. Disfiguring injuries are typically distressing and may lead to more compensation for pain and suffering, as might any injury that substantially affects your daily life for the foreseeable future.
What if You Underestimate Your Non-Economic Damages?
If you underestimate your non-economic damages, you may accept a lowball settlement or request too little compensation when filing your lawsuit, which we can avoid by performing accurate calculations.
When Do You Need Income Information to Calculate Lost Wages?
When using the per diem method to calculate non-economic damages, we need evidence of your lost wages, as we will multiply your pre-injury daily wage by the number of days you have experienced pain and suffering and expect to.
Do You Have to Go to Court to Get Non-Economic Damages?
You do not necessarily have to go to court to get non-economic damages. Out-of-court settlements can provide non-economic damages, but our lawyers often need to negotiate to obtain sufficiently large offers.
How Do You Calculate Future Non-Economic Damages?
The multiplier method and per diem method also allow us to calculate future non-economic damages. After speaking with the victim and mental health experts who have assessed them, we can estimate the ongoing pain and suffering you will experience because of disfiguring or other permanent injury.
Will You Recover All Your Non-Economic Damages?
If your non-economic damages exceed Maryland’s statutory caps, the jury will adjust its award to be within the limitations. While that might restrict your recovery somewhat, you may still recover the most available under Maryland law. Compensation is never guaranteed, and we need proof of non-economic damages to recover them.
Call Our Maryland Lawyers About Your Injury Case Today
For a free case evaluation with the Annapolis personal injury lawyers at Rice Law, call today at (410) 694-7291.