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. For general personal injury and wrongful death cases with one beneficiary, the limit on non-economic damages is $920,000. For medical malpractice claims resulting in injury or death with one beneficiary, the current limit is $875,000. 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.
Our attorneys are here to help victims recover the non-economic damages they deserve. For a free case evaluation with the Maryland personal injury lawyers at Rice, Murtha & Psoras, call today at (410) 694-7291.
Caps on Non-Economic Damages for Civil Claims in Maryland
Maryland imposes limitations on non-economic damages for certain civil claims. 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 for medical malpractice claims. Our 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.
Personal Injury
In regular personal injury claims in Maryland, there is a limitation on the non-economic damages victims can recover. According to Md. Code, Crts. Jud. Proc. Art., § 11-108(b), the current cap on compensation for pain and suffering, inconvenience, physical impairment, disfigurement, loss of consortium, or other nonpecuniary injuries is $920,000.
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, and other incidents caused by a negligent party in Maryland.
Wrongful Death
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 is $920,000 in wrongful death lawsuits with one claimant. The cap on these cases increases by $15,000 on October 1st of each year.
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 $1,380,000, according to Md. Code, Crts. Jud. Proc. Art., § 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 $920,000, or $1,3800 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 $920,000. 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 $2,300,000 in non-economic damages.
Medical Malpractice
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 $875,000, according to Md. Code, Crts. Jud. Proc. Art., § 3-2A-09.
In a medical malpractice claim involving wrongful death with two or more claimants or beneficiaries, the limit is 125% of the normal cap, or $1,093,750. The limit on non-economic damages for victims in medical malpractice lawsuits increases by $15,000 on January 1st of each year.
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. Our Towson personal injury lawyers can help you compile the necessary evidence to prove how a negligent party’s actions have impacted you emotionally so that you can recover the non-economic damages you deserve.
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 provide 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 in Maryland.
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 attorneys can help you file well within the statute of limitations, which may vary depending on your case, so that that doesn’t happen.
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. Our Mount Airy personal injury lawyers can help you take your case to court so that you recover the non-economic damages you deserve.
Ask Our Maryland Lawyers About the Non-Economic Damages Available in Your Case
If you were recently injured in an accident and require non-economic damages in Maryland, our attorneys can help. For a free case evaluation with the Middle River personal injury lawyers at Rice, Murtha & Psoras, call today at (410) 694-7291.