Noneconomic Damages Lawyer Maryland
When someone is injured, they may face a range of damages, including both economic and noneconomic damages. Economic damages refer to tangible losses, such as medical bills or lost wages, while noneconomic damages refer to intangible losses, such as pain and suffering or emotional distress.
What are Noneconomic Damages?
Noneconomic damages refer to losses that are difficult to quantify in terms of money. These losses can include pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. Noneconomic damages are subjective and can vary greatly from person to person, which makes them challenging to calculate. In some cases, a jury may be responsible for determining the amount of noneconomic damages to award a plaintiff.
How are Noneconomic Damages Calculated?
Unlike economic damages, which can be calculated using receipts and other tangible evidence, noneconomic damages are subjective and challenging to quantify. There are a few methods that lawyers and insurance companies use to calculate noneconomic damages, including:
- Multiplier method: The multiplier method involves multiplying the economic damages by a certain number, usually between 1.5 and 5, to arrive at the total amount of noneconomic damages.
- Per diem method: The per diem method involves assigning a specific dollar amount for each day that the plaintiff experiences pain and suffering or emotional distress. This amount can vary depending on the severity of the injury and the length of recovery time.
- Hybrid method: The hybrid method combines elements of the multiplier and per diem methods to arrive at a total amount of noneconomic damages.
Factors Affecting Noneconomic Damages
Several factors can affect the amount of noneconomic damages awarded in a personal injury case, including:
- Severity of the injury: The severity of the injury and its impact on the plaintiff’s life can have a significant impact on the amount of noneconomic damages awarded.
- Age and occupation: A plaintiff’s age and occupation can also impact the amount of noneconomic damages awarded. Younger plaintiffs may receive more compensation for loss of enjoyment of life, while older plaintiffs may receive more compensation for pain and suffering.
- Jurisdiction: The laws in each state can impact the amount of noneconomic damages awarded. Some states have caps on noneconomic damages, while others do not.
Maryland’s Cap on Noneconomic Damages:
Maryland has a statutory noneconomic damages cap, which limits the amount of money that can be awarded for non-financial losses in a personal injury lawsuit.
In Maryland, the noneconomic damages cap is adjusted for inflation each year and currently stands at $920,000 for injuries sustained in 2023. This means that in a personal injury case, a plaintiff can only receive up to $920,000 in compensation for noneconomic damages, regardless of the severity of their injuries or the impact on their life.
It is important to note that this cap only applies to noneconomic damages, and there is no cap on economic damages like medical expenses and lost wages. Additionally, there are certain exceptions to the cap for cases involving wrongful death, catastrophic injury, or medical malpractice, although noneconomic damages are still capped in these claims albeit at a higher level.
Although the noneconomic damages cap is intended to help prevent excessive jury awards that could lead to higher insurance premiums and healthcare costs, it limits the amount of compensation that a plaintiff can receive for their pain and suffering, which is why it is important to consult with an experienced personal injury attorney if you have been injured in Maryland.
Noneconomic damages are a crucial part of personal injury cases, as they help to compensate plaintiffs for intangible losses that can have a significant impact on their quality of life.
In conclusion, noneconomic damages are an essential part of personal injury cases, as they compensate plaintiffs for intangible losses that can have a significant impact on their quality of life. If you have been injured and are seeking compensation for noneconomic damages, call the experienced attorneys at Furman | Honick Law and speak with a partner for a free case evaluation.