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. other expenses that 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.

There Is No Cap On Non-Economic Damages

Tips on Each Insurance Company

These damages can be broken into two different categories: economic and non economic damages. There is no cap on economic damages.

Computing economic damages can sometimes be a challenge, to be sure. In injury cases, you need medical testimony from a doctor setting forth the limitation and often testimony from an economist and/or a vocational rehabilitation expert.

In wrongful death claims, the economic losses are typically lost wages and benefits from the time of the accident/malpractice and the death and (2) future expected lost wages. 

A jury can award for future earning from the person who was killed that were "reasonably certain" to have been earned. Clearly, this is not going to be an exact number but a wage earner who dies is reasonably likely to continue to earn money to support their family.

Cap on Non-Economic Damages

There is a cap on non-economic damages in Maryland which is approximately $770,000 (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 is $710,000. 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 $887,500.