Disclaimer: This article does not provide legal advice. It is for informational purposes only.
Detailed Answer
Under Maryland law, if an at-fault driver injures you in a motor vehicle collision, you can seek compensation for both economic and non-economic damages. Economic damages include documented medical expenses, lost wages, and other out-of-pocket costs. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life.
Step 1: Calculate Economic Damages. Gather all medical bills, therapy costs, and receipts for related expenses. Include documented lost income. Example: $2,500 in medical bills + $1,000 in chiropractic care + $500 in lost wages = $4,000 total.
Step 2: Determine the Appropriate Multiplier. Soft tissue injuries often have shorter recovery and lower severity. Maryland claims adjusters and courts commonly apply a multiplier between 1.5 and 3 to your economic damages. Example: $4,000 × 2 (mid-range) = $8,000 in pain and suffering.
Step 3: Add Economic and Non-Economic Damages. Using the example: $4,000 (economic) + $8,000 (non-economic) = $12,000. This figure serves as a starting point for settlement negotiations.
Keep in mind Maryland’s tort threshold requires medical expenses exceeding $2,500 within three years post-accident to file a claim. See Courts & Judicial Proceedings §11-106 (mgaleg.maryland.gov CJP 11-106).
Helpful Hints
- Document every injury-related expense with invoices and receipts.
- Maintain a symptom diary to track pain levels and recovery progress.
- Secure employment records and paystubs to prove lost wages.
- Consult medical professionals to establish treatment duration.
- Consider an independent medical evaluation for stronger evidence.
- Review your insurer’s Personal Injury Protection (PIP) benefits under Insurance Article §19-503 (mgaleg.maryland.gov Ins 19-503).
- Seek legal advice if the at-fault party disputes liability or damages.