If you’ve been injured in Maryland due to someone else’s negligence or wrongdoing, you may be entitled to compensation for your losses, including pain and suffering. However, it can be challenging to understand the process of how this compensation is calculated. Here’s a guide to help you understand how pain and suffering works in a personal injury case.
Table of Contents
Understanding Pain and Suffering
First, it’s essential to understand what is meant by the term "pain and suffering" in a personal injury case. "Pain" refers to physical pain, while "suffering" encompasses emotional and mental pain, such as stress, anxiety, fear, and depression. Maryland recognizes both types of pain and suffering as losses that may be recovered in a personal injury lawsuit.
Factors Considered in Calculating Pain and Suffering
Several factors are considered when determining how much compensation should be awarded for pain and suffering. These factors include:
Severity of Injuries
The more severe your injuries, the more pain and suffering you may have experienced. The severity of the injury, the duration of treatment, and the potential for long-term or permanent effects are all factors considered when calculating pain and suffering.
Future Medical Care
If your injuries require ongoing medical care, such as rehabilitation, physical therapy, or lifelong treatment, this factor will be considered when determining your pain and suffering damages.
Lost Wages
If your injuries have caused you to miss work and lose income, this factor may also contribute to your pain and suffering damages.
Emotional Trauma
Emotional distress can occur due to painful injuries caused by severe accidents, and may result in anxiety, depression, and post-traumatic stress disorder. These psychological injuries can also be considered as part of the pain and suffering award.
Loss of Enjoyment
If your injuries have significantly impacted your quality of life, including things like hobbies, social activities, and relationships, then you may be entitled to compensation for loss of enjoyment.
Aggravation of Pre-Existing Conditions
If you already had a pre-existing condition that was worsened or aggravated by the accident, then the increase in pain, suffering, and medical expenses could be considered as well.
Maryland Law and Pain and Suffering Damages
Maryland law caps pain and suffering damages at $845,000 (as of 2021), which means that the maximum amount you can be awarded for pain and suffering in a personal injury lawsuit is $845,000. However, this cap can be adjusted under individual circumstances.
How to Prove Pain and Suffering
Proving pain and suffering can be challenging and requires evidence to support your claim. Your medical records, witness testimonies, and expert opinions can all provide evidence to support the extent of your physical and emotional pain and suffering.
It’s recommended that you work with a skilled Maryland personal injury lawyer who can help gather the evidence needed to demonstrate the full extent of your pain and suffering.
Final Thoughts
In conclusion, if you have been injured in Maryland, you may be entitled to compensation for pain and suffering. The amount of compensation you receive for your pain and suffering will depend on several factors, including the severity of your injuries, the duration of your treatment, the potential for future medical care, and your emotional trauma. If you’re considering a personal injury lawsuit, it’s crucial to work with an experienced personal injury lawyer, who can help you understand your rights and fight for the compensation you deserve.