Limit on Non-Economic Damages in Maryland for Personal Injury Claims

Limit on Non-Economic Damages in Maryland for Personal Injury Claims

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If you are injured in a personal injury accident or through medical malpractice, you sustain a variety of damages. In addition to the physical injuries, you sustain financial damages and non-economic damages.

Under Maryland’s personal injury laws, you are entitled to seek compensation for your damages if the injury was caused by negligence or other wrongdoing. You must file a claim against the person or party responsible for your injury to recover compensation for damages.

The Pinder Plotkin legal team handles a large variety of injury claims. Take advantage of our free consultation to discuss your claim in detail with an experienced Maryland personal injury lawyer.

What Are Non-Economic Damages?

Financial or economic damages are not capped in Maryland. You are permitted to receive compensation for all your financial damages, regardless of the amount of those damages. In other words, you can receive full compensation for your lost wages, medical expenses, property damage, and other financial losses.

However, Maryland does place a cap on non-economic damages. Non-economic damages are often referred to as “pain and suffering” damages. Compensation for non-economic damages is intended to compensate an accident victim for damages including:

  • Physical pain and suffering
  • Mental anguish and suffering
  • Emotional distress, including PTSD, anxiety, depression, and other psychological injuries
  • Scarring and disfigurement
  • Permanent disabilities and impairments

Even though a person’s pain and suffering might be substantial because of the severity and type of injuries sustained in an accident, the state believes that a defendant should not pay over a certain amount for non-economic damages.

Maryland’s Cap on Non-Economic Damages

Maryland has more than one cap on non-economic damages.  The cap varies by the type of action filed. In addition, caps on non-economic damages can increase slightly each year.

To determine the exact cap on non-economic damages, you must determine when the cause of action arose. The date the action arose determines the cap on pain and suffering damages. Our Pinder Plotkin legal team carefully analyzes the facts in your case to determine the maximum amount of pain and suffering damages you can recover for your claim.

In personal injury cases involving accidental injuries, such as claims involving automobile accidents, premises liability claims, and defective product claims, the cap for non-economic damages in 2018 is $845,000. If the case involves a wrongful death, the cap for non-economic damages increases to $1,267,500 if there are two or more beneficiaries. In a wrongful death action, the plaintiff may also seek an addition $830,000 in a survival action.

However, the cap on non-economic damages is different for medical malpractice cases and nursing home lawsuits.

Caps on Pain and Suffering Damages for Medical Malpractice Claims and Nursing Home Claims in Maryland

Medical malpractice claims have a different cap for non-economic damages. As with the cap on personal injury claims, the amount of the cap changes from year to year. To determine the cap on pain and suffering damages, you refer to the year of the injury or death.

For 2018, the cap for non-economic damages in a medical malpractice claim is $800,000. If the claim involves a wrongful death, the cap increases to $1 million if the claim involves two or more surviving family members.

Personal Injury Caps in Maryland

Many people believe that caps on pain and suffering damages unfairly punishes the victims. In catastrophic injury cases, the victim may suffer permanent disabilities and impairments that alter their lives forever. For instance, a young adult is injured in an automobile crash that causes a spinal cord injury. As a result of the injury, the young adult is permanently paralyzed. The emotional and mental anguish and suffering will last for decades.

Unfortunately, until lawmakers listen to victims, families, and victim advocates, the caps on non-economic damages will likely continue. Therefore, it is extremely important that you carefully document all financial damages suffered as a result of an injury because there is not a cap on economic damages in a Maryland personal injury case. In addition, working with an experienced Parkville personal injury attorney who understands how to maximize pain and suffering damages can help you increase the value of your claim.

Call the Pinder Plotkin Legal Team Now for a Free Case Review!

We want to help you receive the compensation you deserve when a negligent or careless person causes you to be injured. You deserve full compensation for all damages from the party who is responsible for causing your injury.

Contact Pinder Plotkin LLC by calling 410-661-9440 to schedule your free consultation with a Parkville personal injury lawyer.

 

The information provided in this website is provided for informational purposes only, and should not be construed as legal advice on any subject. The information contained in this blog is also subject to change and should not be relied upon. Contact the Pinder Plotkin Legal Team for a FREE consultation.

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