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 hard to do. To achieve this goal, you can keep a journal or seek help from a therapist after an accident that results in injury. It is important to note that Maryland does cap non-economic damages in compensation claims. After calculating the compensatory damages that you should recover, our attorneys will refer to the current limitations on non-economic damages to determine the amount available.
We’re here to help victims recover the non-economic damages they deserve against negligent parties. For a free case evaluation with the Maryland personal injury lawyers at Rice, Murtha & Psoras, call today at (410) 694-7291.
How Can You Calculate Non-Economic Damages in Maryland?
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 one of two calculations to determine the appropriate amount of non-economic damages you should recover in a lawsuit against a negligent party.
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.
Using the multiplier method, victims can take the sum of their economic damages and multiply that amount by a factor. Depending on the circumstances of your case and the pain and suffering you have experienced, the factor our attorneys may use may vary. For example, suppose you incurred $200,000 in economic damages due to a 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.
Per Diem Method
To calculate non-economic damages in a lawsuit in Maryland, victims can use the per diem method. This calculation method works by determining a daily rate of damages and multiplying that amount by the number of days you have experienced pain and suffering due to an accident. 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 so that you can anticipate the compensation you may recover.
How Do You Provide Proof of Damages to Calculate Non-Economic Damages in Maryland?
In order to calculate non-economic damages and ultimately recover them, it is important to provide proof of damages. Because proving pain and suffering can be challenging, victims should turn to our experienced lawyers for help.
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.
Keeping a journal can help you recover non-economic damages and result in more precise calculations. A journal that details how a negligent part’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.
In addition to asking you to personally document your pain and suffering, our attorneys may advise you to seek help from a therapist following an accident. Mental healthcare professionals can attest to the various emotional and mental difficulties you have experienced since sustaining injuries, such as anxiety, depression, post-traumatic stress disorder, and other problems.
Documenting your non-economic damages can aid in your recovery. Taking these steps can help when using either the multiplier method or the per diem methods for calculating non-economic damages in a compensation claim in Maryland.
Will the Non-Economic Damages You Recover in Maryland Reflect Your Calculation?
When calculating non-economic damages in Maryland, it is important for victims to be aware of possible limitations. If you use the multiplier method or per diem method to estimate the damages you should recover, understand that the sum you calculate might exceed the limit for non-economic damages in Maryland.
Depending on the reason for a lawsuit in Maryland, there may be limitations on the non-economic damages that victims can recover. The following are the current caps on non-economic damages for various cases in Maryland:
- Non-economic damages in personal injury claims and wrongful death claims are limited to $920,000
- Non-economic damages in wrongful death claims with two or more survivors are limited to $1,380,000
- Non-economic damages in wrongful death claims arising from medical malpractice with two or more survivors are limited to $1,093,750
- Non-economic damages in medical malpractice claims are limited to $875,000
So, 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. Suppose you filed a regular personal injury claim against a negligent party. In that case, you cannot recover $1 million in non-economic damages as the cap on such cases is $920,000 in Maryland.
That said, our attorneys will work hard to ensure you recover the most compensation possible in non-economic damages in your case. 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.
Call Our Maryland Lawyers About Your Injury Case Today
If you require non-economic damages after an accident in Maryland, our lawyers can help. For a free case evaluation with the Annapolis personal injury lawyers at Rice, Murtha & Psoras, call today at (410) 694-7291.