Damages in a Maryland Personal Injury Claim

Economic and Non-Economic Damages

Damages in a Maryland Personal Injury ClaimIf you’re hurt in an accident caused by the wrongful acts of another person, you have the right to pursue full and fair compensation for your losses. In a personal injury lawsuit in Maryland, it’s typical to ask for damages (financial compensation) for a wide range of losses. Damages are customarily identified as either economic or non-economic.

What Are Economic Damages?

Economic damages in a personal injury lawsuit are those that are tangible and easy to quantify, usually tied to actual out-of-pocket expense or loss. Common types of economic damages are compensation for lost wages or other income, property losses, and compensation for medical expenses not covered by insurance.

What Are Non-Economic Damages?

Conversely, non-economic damages are those that are intangible and less capable of specific calculation. Common non-economic damages include pain and suffering, loss of enjoyment of life, and loss of companionship or consortium. Because of the lack of concrete numbers representing the loss, the amount of such damages is subject to the discretion of the jury, with review by the court. Juries typically look at a number of factors when calculating non-economic damages, such as the age of the injured party, the severity of their injury, and the lifestyle they had before the accident.

Proven Baltimore Injury Attorney

Maryland SuperLawyer Jonathan Scott Smith brings more than three decades of experience to people in Baltimore and throughout the state of Maryland who suffer personal injury. Highly regarded by attorneys throughout Maryland, Attorney Smith has consistently held an AV-rating under Martindale-Hubbell’s Peer Review Rating System and has been named a Top-Rated Lawyer by The American Lawyer magazine. He has also received positive reviews from his clients, earning the prestigious Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible), as well as a perfect 10.0 (Superb) rating from AVVO as a trial attorney.

Effective Maryland Accident Injury Lawyer

When you’re hurt because of someone else’s wrongful act, attorney Jonathan Scott Smith can help. Contact us by email or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is free. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Medical Malpractice in Maryland

The Different Types of Damages Available

Medical Malpractice in MarylandIn Maryland, as in other states, when you file a personal injury lawsuit, including a claim for medical malpractice, there are three types of damages you can seek: economic, non-economic, and punitive:

  • Economic damages are losses that are easily calculated—tangible costs such lost wages and income, unreimbursed medical expenses, and any costs to retrofit your home, car, or other property to accommodate your injury. These losses are typically determined from pay stubs, medical bills, and actual costs of home/car modifications. In a medical malpractice lawsuit in Maryland, there is no cap or limit on the amount of economic damages you can recover.
  • Non-economic damages are less tangible and more difficult to calculate and include such things as:

    • Pain and suffering—compensation for chronic or continual pain or discomfort related to injuries suffered
    • Loss of enjoyment of life—the inability to engage in activities that previously brought you joy, satisfaction, meaning, or pleasure
    • Loss of companionship or consortium—the ability to be physically intimate with or close to those you love

    Maryland places a cap on non-economic damages in a medical malpractice claim. For non-fatal medical malpractice claims, the most you can recover for non-economic damages in 2021 is $845,000. If the medical negligence causes death, you can recover upto $1,056,250.

  • Punitive damages are rarely available in personal injury claims in Maryland, as they require proof that the defendant acted with “actual malice,” a difficult standard to meet.

Proven Maryland Medical Malpractice Lawyer

Jonathan Scott Smith, a longtime Maryland SuperLawyer, has aggressively protected the rights of medical malpractice and other personal injury victims in Baltimore and across the state of Maryland for more than three decades. He has earned the highest respect from his colleagues in the legal profession, who consistently give him an AV-rating under Martindale-Hubbell’s Peer Review Rating System. Mr. Smith has also proven himself with his clients, receiving the prestigious Client’s Choice Award from AVVO, with an average client review of 5 stars (the highest rating possible). He has a perfect 10.0 (Superb) rating from AVVO as a trial attorney and has been named a Top-Rated Lawyer by The American Lawyer magazine.

Experienced Baltimore County Medical Negligence Attorney

If you have suffered needless injury because of the negligence or carelessness of a medical professional, attorney Jonathan Scott Smith can help. Send us an e-mail or call our offices at 410-740-0101 to schedule an appointment. Your first consultation is without cost or obligation. We represent injured people in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

ADDRESS :

  • Jonathan Scott Smith 10490 Little Patuxent Parkway, Suite 200 ,Columbia, MD 21044-4960

  • Call for consultation 410-740-0101