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Personal Injury Blog

  • In Maryland, What Harms Are Personal Injury Victims Compensated For?

    Posted By Chaikin, Sherman, Cammarata, Siegel, P.C. || 30-Aug-2016

    By: Allan M. Siegel

    In Maryland 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 for couples).

    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.

    MD Personal Injury LawyerJuries 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.

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