Understanding Pain and Suffering in Maryland Personal Injury Cases
When pursuing a personal injury claim in Maryland, one of the most complex aspects to understand is compensation for pain and suffering. Unlike economic damages—such as medical bills or lost wages—pain and suffering compensation addresses the physical and emotional toll caused by your injuries. Here, we’ll explore what these damages entail, how they’re calculated, and their role in Maryland personal injury cases.
What Are Pain and Suffering Damages?
Pain and suffering damages are non-economic damages that compensate you for the physical pain, emotional anguish, and overall decline in quality of life resulting from an accident. Examples include:
- Physical pain: Ongoing discomfort or chronic pain from injuries.
- Emotional distress: Anxiety, depression, or PTSD caused by the incident.
- Loss of enjoyment of life: Inability to participate in hobbies or activities you once enjoyed.
- Disfigurement or scarring: Physical changes that cause emotional trauma.
For example, if you suffered severe injuries in a car accident that required multiple surgeries and left you unable to enjoy activities like jogging or hiking, you may be entitled to compensation for both the physical pain and the emotional toll.
How Maryland Law Addresses Pain and Suffering
Maryland has a cap on noneconomic damages, including pain and suffering, for personal injury and wrongful death cases. Here’s a simplified breakdown:
- Injury Cases: If the victim survives, the maximum compensation for pain and suffering in 2024 is $950,000.
- Wrongful Death Cases:
- If the victim dies and there is one wrongful death beneficiary, the cap is $950,000.
- If there are two or more wrongful death beneficiaries, the cap increases by 50%, raising the limit to $1,425,000.
- Estate Claims: In wrongful death cases, the victim’s estate can file a survival action claim. The maximum for pain and suffering under this claim is $955,000.
Maximum Combined Damages: If there are two or more wrongful death beneficiaries and a viable estate claim, the total maximum for noneconomic damages is $2,337,500.
How Are Pain and Suffering Damages Calculated?
There’s no set formulaic way to calculate pain and suffering. Instead, these damages are often determined based on:
- Severity of Injuries: Courts or insurers consider the nature of your injuries and the level of pain they cause. A spinal cord injury leading to paralysis, for instance, would likely warrant higher pain and suffering damages than a minor fracture.
- Duration of Recovery: Long-term or permanent injuries generally result in higher compensation than those with short recovery periods.
- Impact on Daily Life: Courts examine how the injury has affected your ability to work, maintain relationships, and enjoy life.
- Medical Evidence: Documentation such as medical records, doctor testimonies, and psychological evaluations play a crucial role in substantiating your claim.
The Role of Maryland Case Law
Maryland courts have addressed pain and suffering damages in numerous cases, offering guidance on how these awards are determined.
For instance, in Haischer v. CSX Transportation, Inc., the court upheld significant pain and suffering damages for a railroad worker who sustained debilitating injuries, emphasizing the importance of compensating for lifelong physical and emotional suffering.
Similarly, in Owens-Illinois, Inc. v. Zenobia, the Maryland Court of Appeals clarified that non-economic damages must be proportional to the harm suffered, discouraging excessive awards while still ensuring fairness to the plaintiff.
Challenges in Pursuing Pain and Suffering Claims
Securing pain and suffering damages is often contentious, as they are inherently subjective. Insurance companies frequently downplay non-economic damages to minimize payouts, arguing that physical or emotional pain cannot be “quantified.”
This is where skilled legal representation becomes critical. An experienced attorney will:
- Compile compelling evidence, including medical records and expert testimony.
- Present a persuasive argument about how the injury has impacted your life.
- Negotiate aggressively with insurance companies to ensure you receive fair compensation.
Why Acting Quickly Matters
Maryland’s statute of limitations for personal injury claims is three years from the date of the accident. Delaying your claim can result in lost evidence and weaker arguments, making it harder to secure adequate pain and suffering damages.
Additionally, documenting your experiences promptly—including keeping a journal of your physical pain and emotional struggles—can strengthen your case.
Pain and suffering damages are a vital component of personal injury claims in Maryland, providing compensation for the intangible yet life-altering effects of your injuries. While calculating these damages can be complex, understanding the process and working with an experienced attorney can help you secure the compensation you deserve.
If you’ve been injured in Maryland and want to explore your legal options, contact the Law Offices of Nicholas Parr for a free consultation. We’ll guide you through the process and fight to maximize your compensation, and we don’t get paid unless you win.
