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Understanding Non-Economic Damages in Maryland

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When someone files a lawsuit after sustaining an injury or after the loss of a loved one, it can be difficult to understand the process and what they may be entitled to under the law. In Maryland, there are certain caps put into place that allow plaintiffs to require compensation following an injury, or fatal incident. These caps limit how much the injured party or the family of a deceased party can recover.

One of the more common questions we receive is, “What are non-economic damages?In personal injury and wrongful death lawsuits, there are a few different types of damages that the plaintiff(s) in the case may be able to recover. These include economic, non-economic, and in some cases, punitive damages.

Economic damages refer to monetary losses. They are objectively verifiable and have monetary value attached to it. This includes medical expenses, lost income — past and future — lost property, lost business opportunities, and property damages.

Non-economic damages, on the other hand, are amounts of compensation that are subjective. They are not monetary losses that occur due to the injury or death. This refers to pain and suffering, emotional trauma, lost enjoyment of life, lost companionship, lost consortium, lost guidance, and more. These are damages that are not associated with money, however, they are just as serious as economic damages.

The non-economic damage caps in Maryland are ever-changing, increasing by $15,000 each year. However, these caps have been enacted at the request of insurance companies and health care providers to limit the amount of money that they would have to pay out. In one recent case, the jury awarded $10 Million, but the caps will operate to limit the recovery to less than $1 million. This is extremely unfair to patients trying to recover from the mistakes of health care providers.

If you have sustained a serious injury or lost someone you love due to someone else’s negligent actions, we encourage you to speak with someone who can explain the caps on non-economic damages in Maryland.

At The Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates, our Washington D.C. medical malpractice attorneys serve clients throughout Maryland together with Maryland counsel, helping injured patients to seek the compensation they are entitled to. When you need serious representation on your side, you can count us to be there every step of the way.

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