Waldorf, MD Auto Accidents: Is There a Cap on Damages?
The answer is “yes and no.” If you or a loved one has been the victim of a Maryland auto accident here in Southern Maryland, there is no limit to the economic damages that can be recovered. However, there is a cap on what are called non–economic damages. Currently, in 2023, the cap on non-economic damages is $905,000, and the cap increases $15,000 per year.
One reason that it is important to consult with experienced and top-tier Maryland car and auto accident attorneys after an accident in St. Mary’s or Charles County, Maryland. Any insurance claim and/or personal injury lawsuit must be structured to maximize economic damages and avoid an adverse consequence of the cap on non-economic damages. If you have suffered injuries because of a Waldorf, Maryland, auto accident, contact us here at the Law Office of Robert Castro. Our number is (301) 870-1200. Here is more information about economic and non-economic damages.
What are Economic Damages?
In very simple terms, economic damages are ones that can be calculated and added up based on specific mathematical numbers. As noted, there are no caps on these types of damages. These include:
- Current medical bills of all sorts, including ambulance charges, emergency room charges, fees, and costs, surgeries, hospital stays, medications, etc.
- Future medical bills and expenses
- Various forms of rehabilitative therapies — current and future
- All costs associated with treatment for emotional and mental injuries — these are medical bills
- Lost wages — including potential future lost wages
- Costs to repair damage to vehicles and other personal property
- Out-of-pocket expenses — like car rentals or other forms of transportation while your car is being repaired
What are Non-Economic Damages?
By contrast, non-economic damages are the type of damages that cannot be mathematically calculated. There are no invoices, repair bills, or wage statements from which damages can be mathematically tabulated and calculated. Lacking mathematical certainty, when a jury awards non-economic damages, the award is, by definition, based on subjective valuations. There are a number of categories of damages that are deemed to be non-economic. The most widely known category is called “pain and suffering.” This is a legitimate category of damages because when a person is injured — through no fault of their own — that person experiences pain and suffering (like lost sleep, discomfort, etc.). For centuries, juries have rightly awarded monetary damages to compensate victims for this pain and suffering.
But, as can be seen, there is no method of mathematically calculating pain and suffering. Thus, under Maryland law, there is a cap on the amount of money that can be awarded for pain and suffering. Other categories of non-economic damages include:
- Emotional distress, depression, anxiety
- Post-traumatic stress disorder
- Inconvenience
- Loss of normal life/loss of normal life — temporary or permanent
- Loss of society and companionship
- Loss of consortium
- Disfigurement
- Loss of limbs
- Full or partial disability
The cap on non-economic damages is a total cap. That is, the cap does not apply to EACH category but applies to ALL the categories.
Contact Waldorf, MD Personal Injury Attorney Robert Castro Today
This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.
