Damages in Maryland Accident

and Medical Malpractice Cases

      In auto accident, truck accident and medical malpractice cases in Maryland, judges and juries may award compensation (or insurance adjusters or attorneys by way of settlement) for the following:

(1) bodily injury;

(2) the impact the injuries had on the victim's physical and/or mental health;

(3) past physical pain;

(4) past mental anguish;

(5) future physical pain;

(6) future mental anguish;

(7) humiliation and embarrassment associated with injuries;

(8) past medical expenses;

(9) future medical expenses;

(10) other expenses reasonably or necessarily incurred in the past;

(11) and which will continue with reasonable probability into the future;

(12) loss of earnings in the past (regardless of whether your employer paid you while you were out of work); and

(13) earnings expected to be lost in the future.

Tips on Each Insurance Company

     These damages can be broken into two different categories: economic and non economic damages. There is a cap on non-economic damages in Maryland which is approximately $680,000 (depending upon when the injury occurred). There is no cap on economic damages such as past and future lost wages and past and future medical expenses in Maryland.

     The pain and suffering cap in Maryland in medical malpractice cases as the result of a bill that was passed in 2005 remains at $650,000. This is also the maximum cap on medical malpractice wrongful death cases if there is only one claimant. The wrongful death cap with two or more beneficiaries in medical malpractice cases that arise after today is $812,500.