When someone is injured because of another person’s negligence, the harm they experience goes far beyond medical bills and lost wages. Many victims deal with physical pain, emotional trauma, psychological stress, and significant disruptions to daily life. In legal terms, these losses are referred to as pain and suffering, and they often play a crucial role in personal injury claims throughout Maryland.
Understanding what pain and suffering means, how it is calculated, and how Maryland law impacts compensation can help injury victims protect their rights and pursue the settlement they deserve. Below is an in-depth explanation of how pain and suffering works in legal terms and how this category of damages is handled in Maryland personal injury cases.
Different Types of Pain and Suffering
Pain and suffering is a category of non-economic damages designed to compensate an injured person for the emotional trauma caused by an accident. Unlike economic damages, which include medical bills or lost income, pain and suffering addresses the personal impact of an injury.
Pain and suffering includes:
- Physical pain
- Loss of enjoyment of life
- Sleep disturbances
- Inconvenience and discomfort
- Permanent scarring or disfigurement
- Loss of companionship or consortium
In severe cases, damages for pain and suffering can be significantly higher than medical expenses.
How Pain and Suffering Is Proven
Unlike medical bills, pain and suffering does not come with receipts. Insurance companies and courts evaluate these damages based on the quality of supporting evidence.
Key evidence includes:
- Medical Records: Documentation showing the extent of injuries, treatments, and limitations provides strong support for pain and suffering claims.
- Expert Witness Testimony: Medical professionals can explain how an injury affects mobility, function, long-term prognosis, and quality of life.
- Personal Journals: Daily pain logs or journals help demonstrate how the injury impacts everyday activities.
- Statements From Family and Friends: Loved ones can testify about changes in mood, behavior, independence, or lifestyle.
- Photographs and Videos: Images before and after the accident may highlight visible injuries, scarring, or loss of mobility.
- Employment Records: Evidence showing reduced work performance or job loss can reinforce emotional and physical consequences.
The more documentation provided, the stronger the case for fair compensation.
How Insurance Companies Calculate Pain and Suffering
Insurance companies typically employ two different methods to calculate pain and suffering:
The Multiplier Method
This is the most common approach. The insurer multiplies the injured person’s economic damages, such as medical bills, by a number usually between 1.5 and 5. The multiplier increases based on factors such as:
- The severity of the injuries
- Length of recovery
- Permanence of disability
For example, if medical bills total $20,000 and the multiplier is three, pain and suffering may be valued at $60,000.
The Per Diem Method
This method is often used for injuries with clear beginning and end dates. The insurance company gives a dollar amount for each day the victim is in pain and multiplies that by the number of days they are expected to suffer.
How Maryland Law Impacts Claims Involving Pain and Suffering
Maryland has specific rules that directly affect the amount of pain and suffering compensation available in personal injury cases.
Damage Caps
Maryland places a statutory cap on non-economic damages, including pain and suffering. Under Maryland Courts and Judicial Proceedings Code § 11-108, there is a maximum amount of non-economic damages a plaintiff can recover in most personal injury cases. This cap increases slightly each year but limits the total amount available, regardless of the severity of the injury.
Wrongful death and medical malpractice cases have separate caps under Maryland law.
Contributory Negligence Rule
Maryland follows a strict contributory negligence standard. If an injured person is found even one percent at fault for the accident, they will be barred from recovering any compensation, including pain and suffering. This rule is the strictest in the country, making legal representation especially important.
Factors That Increase the Value of Pain and Suffering
Certain circumstances can increase the amount of pain and suffering compensation an injured person may receive:
- Long-Term or Permanent Injuries: Chronic pain, disability, or disfigurement significantly increases non-economic damages.
- Significant Lifestyle Changes: The loss of hobbies, mobility, independence, or personal relationships can increase compensation.
- Clear Medical Documentation Strong evidence connecting the injury to ongoing pain strengthens the claim.
- High Impact on Daily Activities: Inability to work, perform household tasks, or engage in normal life routines increases the value of pain and suffering damages.
A combination of these factors can contribute to your claim.
Contact WGK Personal Injury Lawyers Today for a Free Consultation With a Baltimore Personal Injury Lawyer
If you’ve been injured in an accident, don’t face the insurance companies alone. Contact WGK Personal Injury Lawyers today to schedule a free consultation at (410) 837-2144. Our experienced Baltimore personal injury attorneys are ready to answer your questions, explain your rights, and help you pursue compensation for all your economic and non-economic losses.
