Serious injuries do not just affect victims financially and physically but emotionally as well. Learning the cap on non-economic damages in Maryland is important so that you can better understand the damages available to you in your case.
There are different caps on non-economic damages for different civil claims in Maryland. These limitations increase each year by $15,000. When there are multiple claimants in a wrongful death case, the cap on non-economic damages may increase. Our lawyers can help you gather evidence, file quickly, and take your case to court so that you can recover all of the non-economic damages available in your case in Maryland. Underestimating these damages could lessen your recovery and lead you accepting an unfair out-of-court settlement offer, which our lawyers can help avoid.
For a free case evaluation with the Maryland personal injury lawyers at Rice Law, call today at (410) 694-7291.
What is a Damages Cap in Maryland?
Damage caps are established by Maryland law in order to limit the amount of compensation a plaintiff can recover in a personal injury lawsuit. Every state addresses the issue of damages caps differently, with some having no caps on damages and others capping all the compensation a plaintiff might recover. In Maryland, only non-economic damages are capped. Fortunately, there is no cap on the economic damages you have sustained since these are financial losses you were required to pay out-of-pocket. The amount of the cap that applies to the non-economic damages in your case will depend on the type of personal injury lawsuit you are filing, discussed further below.
Of course, it seems unfair that your damages would be capped since they were caused through no fault of your own, and it is. Lobbyists for insurance companies and healthcare providers have fought for years to have laws passed to prevent them from having to pay out all the damages a victim is owed for their non-economic damages. The result is that victims with severe injuries are often left with less than they are entitled to. For instance, if a victim was paralyzed or suffered brain damage, they might receive the same amount of compensation as a victim that recovered fully because of Maryland’s damages cap.
Caps on Non-Economic Damages for Civil Claims in Maryland
Maryland imposes limitations on non-economic damages for certain civil claims. Fortunately, our Maryland personal injury attorneys can explain the various caps on non-economic damages so that you know what to expect in a compensation claim against a negligent party. The cap that applies to your case will depend on the specifics of your lawsuit and your reasons for bringing it. For example, the cap on non-economic damages for personal injury claims differs from the cap on medical malpractice claims.
Personal Injury Cases
In regular personal injury claims in Maryland, there is a limitation on the non-economic damages victims can recover. According to Md. Code, Cts. & Jud. Proc. Art., § 11-108(b)(2), the current cap on compensation for pain and suffering, inconvenience, physical impairment, disfigurement, loss of consortium, or other nonpecuniary injuries is $950,000.
This cap increases by $15,000 on October 1st of each year to account for inflation and other changes. This means that the limit on non-economic damages for personal injury victims in Maryland changes annually. To stay updated on the current limitations and how they might impact your case, reach out to our Germantown personal injury lawyers for clarification.
This limitation applies to virtually all personal injury claims, including cases arising from car accidents, workplace accidents, slip and fall accidents, defective product accidents, and other incidents caused by a negligent party in Maryland.
Wrongful Death Cases
Maryland imposes a cap on non-economic damages in wrongful death claims. The current cap on compensation for mental anguish, emotional pain and suffering, and loss of society, companionship, comfort, protection, care, marital care, parental care, filial care, attention, advice, counsel, training, guidance, or education in wrongful death lawsuits with one claimant is also currently $950,000. The cap on these cases increases by $15,000 on October 1st of each year as well.
The cap on non-economic damages is higher for wrongful death claims with two or more claimants or beneficiaries. Currently, the cap on these lawsuits is 150% of the cap on wrongful death claims with one claimant, or $1,425,000, according to § 11-108(b)(3)(ii).
This limitation applies to most negligence-related wrongful death cases, excluding medical malpractice. This means if your loved one died in a car accident, workplace accident, slip and fall accident, or other accident, and you are eligible to file a lawsuit in Maryland, you might be able to recover $950,000, or $1,425,000 if there is at least one other beneficiary.
Survival Actions
The limitation on non-economic damages for survival actions, or claims certain plaintiffs can bring to recover compensation for a victim’s losses due to a defendant before their wrongful death, is the same as the limit in regular wrongful death claims. That means Maryland’s cap on non-economic damages for survival actions is currently $950,000. However, our Baltimore personal injury lawyers can help you bring a combined wrongful death and survival action against a negligent party, which may result in up to $2,375,000 in non-economic damages.
Medical Malpractice Cases
Regarding medical malpractice claims, there is a specific limitation on the non-economic damages victims can recover in Maryland. Currently, the limit on non-economic damages in medical malpractice claims with one claimant involving injury or death is $905,000, according to § 3-2A-09(b)(1).
In a medical malpractice claim involving wrongful death with two or more claimants or beneficiaries, the limit is 125% of the normal cap, or $1,131,250. The limit on non-economic damages for victims in medical malpractice lawsuits increases by $15,000 on January 1st of each year.
Is There a Cap on Pain and Suffering Damages in Maryland?
During your research or while speaking with others, you might have heard the term “pain and suffering” damages and wonder if these damages are also capped. There is often confusion over this issue since the term “pain and suffering” is used interchangeably with non-economic damages. However, “pain and suffering” and “non-economic damages” are, in fact, the same thing. So, if you come across information referring to pain and suffering, it is actually talking about non-economic damages, and the same caps listed above will apply.
Types of Non-Economic Damages You Can Recover in Maryland
You can claim numerous types of non-economic damages in a Maryland personal injury case. These damages are subjective in nature and can be hard to quantify. Your non-economic damages will be added up to determine whether they will meet the caps listed above. Some of the most common types of non-economic damages that you can claim in a personal injury lawsuit include physical pain, mental anguish, loss of consortium, depression, and anxiety, among other intangible losses.
Physical Pain and Suffering
This is a broad category that includes physical pain caused by injuries such as broken bones, scarring, and permanent disability. The amount you recover for your physical pain and suffering will depend on the severity of your injuries, your age, and many other factors. Especially painful injuries with arduous healing processes include displaced fractures, burns, and spinal cord injuries, though many others might cause victims considerable discomfort or chronic pain.
Mental Anguish
Mental anguish damages are intended to compensate an individual for emotional distress resulting from an injury caused by negligence or intentional conduct. Mental anguish relates more to the shock, fear, or stress caused by an accident. Emotional distress can be caused by many things, including negligent carelessness, reckless conduct, and physical assault or battery. While these damages can be challenging to prove, your injuries might be such that mental anguish and emotional distress are expected but could also be shown with therapy records, prescriptions for psychological medications, and private journal entries.
Loss of Consortium
Loss of consortium refers to lost companionship or intimacy due to an injury suffered in an accident. Other types of losses include the loss of parental guidance, caretaking duties, and other activities that spouses do together before one is injured in an accident. These are common damages claimed in wrongful death lawsuits, and, though difficult to quantify, our attorneys can help victims document and calculate for their cases.
Loss of Enjoyment of Life
Loss of enjoyment of life damages are awarded when a person has been injured and is unable to enjoy life as they did before the accident. For example, if an accident has left you unable to play sports or go to parties with your friends, you could be entitled to recover damages for these alterations in your lifestyle. This can be assessed by looking at what activities they enjoyed before and after the accident and comparing those activities.
Humiliation and Embarrassment
These forms of non-economic damages are specifically intended to cover injuries that might be too embarrassing or humiliating for the injured person to discuss with others. For example, if you suffered severe burn injuries in your accident, you might have been too embarrassed to leave your house, pursue a romantic relationship, or lose out on many other activities you would have participated in if not for the embarrassment you felt because of your injuries. The emotional distress caused by this type of injury is considered a form of non-economic loss because it affects your ability to earn money and enjoy a full life.
Depression
You can also claim compensation for depression as part of your non-economic damages. Common signs of depression after catastrophic accidents include victims losing interest in activities they used to enjoy, having trouble sleeping and concentrating, or experiencing feelings of guilt, hopelessness, and worthlessness. These feelings are natural and perfectly normal for a victim to feel after suffering a personal injury. Depression is an emotional response to an event that significantly alters the course of one’s life and is common when there is the wrongful death of a loved one or a debilitating injury that prevents you from living the life you did before getting hurt.
Anxiety
Anxiety is another common side effect of sustaining a personal injury in Maryland. Anxiety can be characterized by feelings of fear, apprehension, or dread. For example, if someone rear-ends your vehicle and causes you to suffer injuries, this could cause anxiety about driving again or even stress about leaving your home alone because you are afraid that something similar might happen. Anxiety also commonly manifests in physical symptoms that can greatly impact a person’s quality of life, including shortness of breath, chest pains, excessive sweating, dizziness, and countless others. Compensation for anxiety is typically determined by its severity in addition to how long it lasts for the victim after the accident occurred.
How Can You Recover the Greatest Non-Economic Damages in Your Maryland Lawsuit?
Recovering up to the limit on non-economic damages in a lawsuit against a negligent party is important, especially if you have experienced significant pain and suffering due to an accident. Fortunately, there are a number of strategies that can be used to maximize your non-economic damages. Our lawyers will focus on documenting your intangible damages, quickly filing your case, and asserting your losses by going to trial if necessary.
Gather Evidence
In order to recover the most non-economic damages available in your lawsuit against a negligent party in Maryland, it is important to gather evidence. Providing proof of damages for pain and suffering can be challenging, as these damages have no inherent monetary value. In order to present proof of damages, our attorneys may ask that you keep a journal or seek help from a therapist after an accident. In doing so, you can more easily demonstrate how a defendant’s actions have harmed your quality of life, resulting in greater non-economic damages. Experts can give testimony during trials explaining the typical mental and emotional effects such injuries have on victims and how you specifically have suffered since the accident.
File Quickly
The strict limit on non-economic damages for civil claims in Maryland means that victims should act quickly after an accident. The longer you wait to sue a negligent party, the more it may seem that the emotional challenges you have experienced are insignificant and do not deserve considerable non-economic damages. Our Ocean City personal injury attorneys can help you file well within the statute of limitations, which may vary depending on your case. Missing the statute of limitations wouldn’t just threaten your access to compensatory damages, it would block it entirely, and our lawyers will ensure this does not happen to you.
Go to Trial
Generally, the best way to recover sufficient compensation for non-economic damages is by going to trial. Defendants rarely offer non-economic damages in a settlement. Even if they do, it is unlikely to be the maximum amount victims can recover for their specific case. With each settlement proposal we receive, we will carefully review it and compare it to your total losses. If it is unsure, we will reject it and respond with a counter, supported by evidence we have gathered earlier in your case. While some defendants may increase their offers after staunch negotiations, others might not. In that event, we can help you take your case to court so that you recover the non-economic damages you deserve.
Calculating Non-Economic Damages in Maryland Lawsuits
Generally speaking, there are two methods used to calculate non-economic damages in injury lawsuits, and they are the per diem and multiplier methods. Our lawyers can choose the option that best maximizes your recovery, and will need evidence to back up the results of our calculations, regardless of the chosen method.
Per Diem Method
When using the per diem method to quantify non-economic damages, we consider the number of days a victim has incurred or will incur non-economic damages. Once we identify that amount, we will multiply it by the daily rate we have assigned to your pain and suffering. This will be based on subjective factors that we may have to back up in court, such as your age, the severity of your injury, and the limitations it imposes on you, though we may use your lost earnings to identify an appropriate daily rate.
Multiplier Method
When applying the multiplier method to victims’ non-economic damages, we will also consider the severity of their injury and similar factors to pick a multiplier. The multiplier used in this calculation method could be between 1.5 and 5, with 5 being indicative of a victim having life-altering and likely permanent injuries. After picking a multiplier, we will multiply it by your total economic damages, with the result being the amount we seek for your non-economic damages. If your economic damages are exceptionally high because you suffered a life-threatening injury, like a skull fracture, the multiplier method might yield a larger sum. That said, our attorneys can use both methods, compare the results, and adjust requests accordingly to match your deserved intangible damages.
Does Maryland Cap Other Damages in Lawsuits?
Non-economic damages are the only ones with a cap in Maryland, as economic damages and punitive damages are not limited. This means that all economic damages you incurred can be covered, no matter how great, and you could even get large awards of punitive damages if your case goes to trial and the defendant’s conduct is particularly egregious.
Economic Damages
Economic damages are generally the most consequential in victims’ minds, as they have tangible effects on their lives and could cost them significant amounts if they do not seek compensation through lawsuits. For example, medical expenses alone can be overwhelming after an injury, not to mention the burden of being unable to work as victims heal. Fortunately, both your medical damages and lost wages are compensable, no matter their sum. That said, damages may only be covered when plaintiffs present evidence of them. Because of this, our Maryland personal injury lawyers maintain careful records of victims’ hospital expenses and lost wages in the form of bills, invoices, past paychecks, and income records. We also help victims consider other financial consequences of injuries due to negligence, such as property damage from car accidents, transportation accommodations to get to doctor appointments, and in-house medical assistance.
On top of the damages you have already incurred, we will seek compensation for economic damages that have yet to come, but are expected to. For example, victims may have scheduled surgeries or other procedures coming up, and we will include the anticipated costs of such treatments in compensation requests. We’ll do the same for expected lost wages as well.
Punitive Damages
Defendants who act with intentional malice or a reckless disregard for others’ safety could have to pay punitive damages to the victims they injure. Courts award these damages in addition to compensatory damages. This means you will be awarded non-economic damages, economic damages, and then the jury might require additional amounts for punitive damages. This is done to punish particularly bad behavior and acts and to deter others from doing the same. Like economic damages, punitive damages are not capped in Maryland. However, they are only possible when lawsuits go to trial. The risk of punitive damages could generate better settlement offers from defendants, who might agree to pay larger amounts to keep the case out of court. Like with all other settlement offers, our lawyers will assess these with your best interests in mind, only advising you to accept a proposal that properly compensates you for all damages, both economic and non-economic.
Our Maryland Personal Injury Attorneys Can Help
For a free case evaluation with our Aberdeen personal injury lawyers at Rice Law, call today at (410) 694-7291.