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Pain and Suffering Damages Claims

When you are injured in a car accident or as a result of malpractice, you normally experience two different types of injuries: economic damages and non-economic damages. The more common name for these non-economic damages like emotional distress, mental anguish, and mental pain is pain and suffering damages.

At Dubo Law, we know Maryland law inside and out. We specialize in helping clients to recover non economic damages for their pain and suffering above and beyond merely the obvious economic damages included in their personal injury case. With our help, clients like you in Maryland have recovered millions as a part of their personal injury claim. And you can too.

The Two Types of Damages From a Personal Injury Accident

1. Economic Damages

Depending on when your accident happened and what steps you’ve taken so far, there are a few key pieces of evidence when it comes to economic damages as a result of your personal injury accident.

injury victim in physical pain from a broken bone

Physical Pain & Injuries

If you have physical pain from a car accident or malpractice, seek medical treatment immediately. Medical records and the diagnosis of a doctor can be priceless evidence in proving pain and bodily injury in court. Call us for a free consultation and we will advise you on the steps to take.

couple with medical bills recovered from car accident severe injuries

Medical Bills

Maybe it was a minor injury with some physical therapy treatment or maybe your injury was more significant and required surgery or some other more drastic form of medical intervention. All that medical treatment costs money and you are entitled to recover compensation for all of those costs and expenses (as well as any lost wages). Save all of your medical bills and keep copies of all your medical records.

person with cash from lost wages as a part of economic damages

Lost Wages

If you missed time from work as a result of an accident-related injury, you may be entitled to be reimbursed for any lost income. Sometimes this calculation can be easy (hourly employees) and sometimes it can be more complicated (self employed individuals or business owners).

No matter the situation, Dubo Law has the experience to help determine your economic damages from missing time at work. It is also important to note that such a claim does not only entail lost income. If you have to use paid time off or vacation time as a result of an auto accident, you may be entitled to be compensated for that as well even if you did not actually sustain a monetary loss.

2. Non Economic Pain and Suffering Damages

Physical injuries can have a significant negative impact on your life that leads directly to emotional trauma and distress. The law also enables injured parties to be compensated for these non-economic damages, or as they are more commonly referred to: pain and suffering.

The list of what qualifies as pain and suffering depends on the facts of your specific personal injury case, but can include:

  • Emotional suffering in the form of emotional distress or emotional trauma.
  • Mental pain connected to or resulting from physical pain.
  • Lost wages due to medical treatment for severe injuries and/or chronic pain.
  • Post traumatic stress disorder.

We are experts at car accidents and malpractice personal injury cases and care deeply about helping you recover compensation for the pain and suffering you’ve experienced. You and your family members shouldn’t have to endure a lower quality of life – we’ll help you get fair compensation.

Talk to a Personal Injury Lawyer: (443) 275-6345

woman hugging family after recovering pain and suffering damages

young daughter hugging mom after Maryland pain and suffering recovery

What You Need to Know About Pain And Suffering Damages in Maryland…

Is There a Limit on Non-Economic Damages in Maryland?

Yes, there is a cap on non-economic damages (or pain and suffering damages) in Maryland. The cap increases by $15,000 each year, and currently, for personal injury claims that arise after October 1, 2023, the non-economic damages cap is $935,000. On October 1, 2024, that will increase to $950,000.

The cap amount is different for medical malpractice cases and for wrongful death cases, but a cap still exists. It is also important to note that there is no statutory cap on economic damages.

What Type of Non-Economic Damages Can I Be Compensated For?

As an injured party, you can collect non-economic damages for pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium, or other non pecuniary injuries in accordance with Maryland law.  A jury can weigh some, all or none of these factors to determine how much an injured Plaintiff is entitled to for pain and suffering.

In addition to all the different ways of establishing pain and suffering, there are two more factors in the equation:

  1. the degree of the injury, and
  2. the length of time it takes to recover (or potentially not recover).

Example of Pain and Suffering Damages

For example, if you are rear-ended in a car accident in Maryland and end up fracturing your arm, that is a significant injury that will likely result in a meaningful pain and suffering award.

But there is a difference between a non-displaced fracture that will eventually heal on its own without surgery as opposed to a fracture that is so severe that it requires surgery and extensive rehabilitation to heal completely.

Not only is it stressful to have to undergo surgery, but surgery patients are frequently left with scarring (physical impairment or disfigurement) that will also lead to significantly more pain and suffering than the non-surgical alternative, even though the injuries were the same.

The best personal injury lawyers know exactly how to ensure that the full extent of any client’s pain and suffering is presented not only to the insurance company but also to the jury at trial. There is no perfect formula to calculate pain and suffering damages.

The amount of pain and suffering settlement or recovery you receive will depend on the skill of your personal injury lawyer. Without the benefit of such an experienced and skilled attorney, you will very likely not receive full and fair value for your injury claim.

Talk to a Personal Injury Lawyer: (443) 275-6345

What Can I Do to Ensure I Receive Pain and Suffering Damages?

There are a number of ways that you can work collaboratively with your personal injury lawyer to maximize their chances of securing a substantial pain and suffering award. Below are a few tips and suggestions based on experience.

1. Be Specific

Most people speak in generalities about their case when they have an opportunity to tell their story. There is nothing worse than a client at trial being asked about how the accident and their injuries affected them and having them say “I had trouble sleeping.” That type of general response is not going to move the needle. Detailed, specific explanations carry a lot of weight at trial and help with gaining sympathy which is the most effective pathway to big pain and suffering awards.

2. Keep a Journal

Whenever we talk to clients who were just in an accident, we always tell them to keep a journal and write down all the ways their injuries are affecting them and their enjoyment of life. At the moment you think you’ll never forget, but if the case ends up in litigation, it will likely be more than a year before they testify at deposition and even longer before they take the stand at trial. Don’t rely on your memory. Write it down.

3. Witnesses

Make sure to provide your attorney with at least 1-2 witnesses who can take the stand and vouch for the pain and suffering you experienced. Family members, neighbors, co-workers, or friends make excellent non-economic damages witnesses. It can be very impactful to have them testify at trial to prove pain of many kinds: your emotional pain, suffered injuries, physical suffering, and any other injuries sustained.

What Does This Mean for My Personal Injury Claim?

There is no specific or established formula to get pain and suffering damages calculated. The insurance company will always be looking for ways to diminish the value of any claim, and juries tend to be skeptical of claims of mental anguish or emotional distress.

Most of the dollar value for pain and suffering in personal injury cases comes down to the details and records you can provide, and the ability of your personal injury lawyer to present them in a compelling way in court.

It is critically important that you have a top-rated personal injury attorney to ensure that you receive a damages award that fully compensates you, not just for your medical expenses, but also for your pain and suffering.

If you were injured in an auto accident, slip and fall or have any other personal injury or malpractice claim in Baltimore, Baltimore County, or anywhere in the state of Maryland, contact Dubo Law today at (443) 275-6345 and let us fight for you.

Talk to an Injury Lawyer: (443) 275-6345

person smiling with personal injury lawyers thanks to successful recovery for pain and suffering

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Pain And Suffering Damages in Maryland