By: Allan M. Siegel
personal injury trials, juries have to consider various elements when determining the
amount of compensation for an injured victim.
See Maryland Civil Pattern Jury Instructions 10:2. These damages include claims
for inconvenience and loss of consortium (essentially loss of companionship
Factors considered include:
- The injuries sustained and their extend and duration,
- Effect of such injuries on the overall physical and mental health and wellbeing,
- Past and future physical pain and mental anguish,
- Disfigurement, humiliation, or embarrassment caused with disfigurement,
- Past and future medical expenses, and
- Past and future lost earnings.
Juries will look at these factors, but the amount the jury provides can
be affected by further factors, including whether the injury was permanent
and whether the injury aggravated prior injuries or disabilities. Juries
should not reduce damages because the injured victim was especially susceptible
or vulnerable to injury. The at-fault individual is responsible for the
injured victims harms, even if the harms are unexpected.
See Coca-Cola Bottling Works, Inc. v. Catron, 186 Md. 156 (1946). Other damages that are compensated in Maryland include
emotional pain and suffering, lost capacity to enjoy life (example: horseback
riding, swimming, long car trips), prenatal injuries, and mental suffering
caused by pre-impact fright (i.e., the emotional distress from the time
the victim sees the danger until the time of impact).
At Chaikin, Sherman, Cammarata & Siegel, P.C., our legal team has spent
40+ years fighting for the injured and the wronged. Our seasoned lawyers
continuously monitor legal opinions about available damages from the Maryland
Court of Appeals and lower courts throughout the state. Our experienced
attorneys use the latest case opinions and statutes on compensable damages
in order to ensure our clients receive the fullest measure of justice.
If you or a loved one was harmed in an accident in Maryland, please call
for a free, prompt, and confidential consultation with an attorney. Because
strict time deadlines apply that impact your case, we recommend calling
at your earliest convenience.