Jill Kolodner | July 30, 2024 | Personal Injury
Maryland offers three types of damages that you might qualify for due to a personal injury claim—economic, non-economic, and punitive damages. Non-economic damages amount to the majority of most sizable personal injury claims and include numerous sub-components, including ‘loss of enjoyment of life,’ ‘pain and suffering,’ ‘emotional distress,’ and more.
Preliminary Considerations
Two preliminary considerations matter a great deal—contributory negligence and the statutory cap on non-economic damages.
Maryland’s Harsh ‘Contributory Negligence’ Rule
Contributory negligence is a defense to any kind of negligence claim in Maryland. It used to be the rule almost everywhere. Now, all but four states and the District of Columbia have abandoned it. Unfortunately, Maryland is one of those four states.
Under contributory negligence, if you are the victim of someone else’s negligence, you are completely barred from recovery if the accident that injured you was even 1% your fault.
Contributory negligence is relevant because you can’t collect non-economic damages, including damages of loss of enjoyment of life, without first establishing liability. Maryland’s contributory negligence rule makes it very difficult to establish liability.
Maryland’s Statutory Cap on Non-Economic Damages
Maryland has a statutory cap on noneconomic damages in personal injury and wrongful death cases. As of 2023, the cap is $920,000 in personal injury cases and increases by $15,000 annually. The rules concerning caps on non-economic damages in wrongful death cases are slightly more complex but comparable. Since loss of enjoyment of life damages apply to non-economic damages, these caps can affect the amount you recover.
The Specifics of a ‘Loss of Enjoyment of Life’ Claim
‘Loss of enjoyment of life’ is a vaguely stated component of damages. The following should help you understand what it means and how it applies.
Injuries That Might Diminish Your Quality of Life
These injuries, among many others, can dramatically affect your enjoyment of life:
- Amputation of limbs
- Blindness or vision loss
- Cardiovascular problems
- Chronic fatigue syndrome
- Chronic headaches
- Chronic inflammation or autoimmune conditions
- Chronic pain from soft tissue injuries
- Chronic pain conditions such as fibromyalgia
- Chronic respiratory issues
- Deafness or hearing loss
- Gastrointestinal disorders
- Joint injuries leading to arthritis or chronic pain
- Loss of reproductive function or infertility
- Loss of taste or smell
- Organ damage
- Post-traumatic stress disorder (PTSD)
- Severe burns
- Severe dental injuries
- Fractures or broken bones
- Spinal cord injury
- Traumatic brain injury
- Chronic infections
- Nerve damage
- Sleep disorders
Any one of these problems can affect your life in various ways.
Common Components of a Loss of Enjoyment of Life Claim
You cannot capture a ‘loss of enjoyment of life’ claim purely through the description of an injury. It’s how the injury affects your life that matters. Here are some of the ways that injuries can diminish your quality of life:
- Decreased enjoyment of food due to loss of taste or smell;
- Difficulty enjoying cooking, gardening, and other pastimes;
- Inability to play with your children, help them with homework, or care for them;
- Inability to play with your dog;
- Inability to engage in hobbies or recreational activities;
- Inability to read books due to cognitive impairment or vision loss;
- Inability to enjoy sports or exercise;
- Inability to participate in social events or gatherings;
- Inability to pursue career aspirations or educational goals;
- Inability to travel or explore new places;
- Loss of intimacy and sexual enjoyment (don’t confuse this with loss of consortium, which is a claim that belongs to the spouses of injury victims); and
- Inability to enjoy any aspect of life due to depression or chronic pain.
This list represents only a small fraction of ways that an injury can disrupt your enjoyment of life.
Proving Your Claim
Proving ‘loss of enjoyment of life’ involves contrasting your life before and after your injuries. You can use a variety of ways to prove your claim, including:
- Your personal diary or journal containing descriptions of how your injuries have affected your daily life;
- Your own testimony, at depositions or in court (if you file a lawsuit);
- Medical expert reports supporting your claim by describing the typical effects of your injuries;
- Medical records documenting your injuries, treatments, and prognosis;
- Photographs and videos showing your injuries and limitations;
- Psychological evaluations;
- Surveillance footage showing the limitations on your activities; and
- Testimony from people who have observed the effects of your injuries on your lifestyle before and after your accident.
Depending on the facts of your case, your lawyer can help you obtain other forms of evidence supporting your claim.
Your Claim Might Be Worth More Than You Think
Injury victims are often surprised to learn that compensation for non-economic damages often far exceeds compensation for medical expenses and lost earnings.
Contact a personal injury lawyer as soon as possible to maximize your potential payout and fight back against Maryland’s contributory negligence rule.
CONTACT WGK PERSONAL INJURY LAWYERS TODAY FOR HELP
For more information contact the Baltimore personal injury lawyers law firm of WGK Personal Injury Lawyers to schedule a free initial consultation.
WGK Personal Injury Lawyers
14 W Madison St, Baltimore, MD 21201, United States
(410) 220-2179
WGK Personal Injury Lawyers – Dundalk Office
7329 Holabird Ave Suite 3, Dundalk, MD 21222
By appointment only
(410) 837-2144
