What Damages Are Awarded for a Baltimore Wrongful Death?
Maryland law recognizes two primary categories of damages in personal injury-including Baltimore wrongful death cases: economic and non-economic. Experienced Baltimore injury trial lawyers recognize, generally, economic damages are straightforward, covering things like medical bills, lost wages, and out-of-pocket expenses. These are straightforward calculations based on actual costs incurred.
Non Economic Damages In Baltimore, generally
Those same well-versed, knowledgeable Baltimore accident and injury lawyers will candidly tell you non-economic damages, however, are more complex- both in terms of presentation and collection. They involve factors such as emotional distress, physical pain, and how the injury has disrupted the victim’s life. What Damages Are Awarded for a Baltimore Wrongful Death? When a Baltimore jury considers non-economic damages, they are guided by various factors to determine fair compensation. This might include emotional anguish, mental suffering, and the ways the injury has altered the victim’s normal day-to-day activities. Essentially, the argument often presented to juries is that non-economic damages reflect the deep, personal toll that an injury takes on a victim’s quality of life. For those seeking compensation after a car accident, perhaps even more so in a case involving a wrongful death in Baltimore, it’s essential to understand the nuances of both types of damages and to have a skilled car accident lawyer who can effectively argue for the maximum recovery for both economic and non-economic losses.
What a Jury Could Consider in a Baltimore Non-Economic Damages Award
In Baltimore’s personal injury cases, juries play a critical role in determining non-economic damages, which compensate plaintiffs for intangible losses that do not have a fixed monetary value. Unlike economic damages—such as medical bills or lost wages—non-economic damages cover subjective injuries like pain and suffering, emotional distress, and loss of enjoyment of life. In Baltimore, juries must weigh various factors unique to the city, the legal framework, and the specific circumstances of each case. What Damages Are Awarded for a Baltimore Wrongful Death? Let’s examine some considerations that can influence a jury’s non-economic damages award in a Baltimore personal injury case.
Financial Recovery for Nature and Severity of the Injury
The most fundamental factor in awarding non-economic damages is the nature and extent of the plaintiff’s injury. Juries assess how severe the injury is and the degree to which it has affected the plaintiff’s daily life.
- Permanent Disabilities or Disfigurement – A permanent injury, such as paralysis, amputation, or severe burns, tends to warrant higher non-economic damages due to its lifelong impact.
- Chronic Pain and Long-Term Effects – Injuries that result in ongoing pain or medical complications may lead to larger awards, as the plaintiff will endure suffering indefinitely.
- Mental and Emotional Trauma – Conditions such as post-traumatic stress disorder (PTSD), depression, or anxiety stemming from the injury may significantly influence damages.
Compensation for Pain and Suffering
Baltimore’s juror can evaluate the physical and emotional pain endured by the plaintiff. While pain is subjective, key factors help jurors determine a fair amount:
- Duration of Pain – A temporary injury versus one causing lifelong suffering.
- Severity of Pain – Some injuries result in unbearable, daily pain.
- Impact on Quality of Life – If pain prevents the plaintiff from engaging in daily activities or hobbies, jurors may award higher damages.
- Medical Testimony – Physicians may testify about the plaintiff’s pain levels, providing credibility to their claims.
Is Emotional Distress and Psychological Trauma Considered?
Emotional distress damages compensate for the mental anguish and psychological impact of an injury. What Damages Are Awarded for a Baltimore Wrongful Death? Baltimore juries can and often do consider several aspects:
- Development of Psychological Disorders – PTSD, anxiety, or depression can result from severe injuries or traumatic accidents.
- Sleep Disturbances and Nightmares – Victims of violent or traumatic events often experience recurring distress.
- Cognitive Impairments – If an injury affects memory, concentration, or reasoning, it can increase emotional distress damages.
- Testimony from Mental Health Professionals – Expert opinions can strengthen a plaintiff’s case for psychological harm.
How to Value the Loss of Enjoyment of Life
A jury may award damages if an injury diminishes the plaintiff’s ability to engage in activities they previously enjoyed:
- Hobbies and Recreation – Inability to play sports, travel, or participate in favorite pastimes.
- Family and Social Life – Struggles in maintaining relationships or participating in social events.
- Independence – Loss of ability to perform daily tasks without assistance can warrant a substantial award.
What is Loss of Consortium
In cases where an injury affects a plaintiff’s ability to maintain relationships, particularly with a spouse, Maryland law allows for loss of consortium damages. What Damages Are Awarded for a Baltimore Wrongful Death? These can include:
- Loss of Companionship – A spouse may claim damages if the relationship deteriorates due to the injury.
- Loss of Affection or Intimacy – If the injury leads to a loss of physical connection, damages may be considered.
- Strained Family Relationships – Parents, children, and spouses may suffer emotional harm due to the plaintiff’s suffering.
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A Baltimore car accident and personal injury litigator who has taken hundreds of cases to trial, winning millions over a 30-year mission to obtain fair and just compensation, which has been unfairly and unjustly denied to his clients.
