Damages in Maryland Medical Malpractice Claims: Compensation for Victims

September 5, 2023

Medical malpractice lawsuits are generally hard-fought cases. The defendant knows they could be responsible for a large sum of money if they are liable for your injuries. The average settlement for a medical malpractice claim is now passing $400,000, and it could be even higher in an expensive area such as Maryland. The average jury award for a case won at trial has now surpassed $1 million.

If the medical professional was to blame for your injuries, it is up to you to fully maximize your damages. Everything begins with knowing the true value of your claim. You can be certain that the defendant’s medical malpractice insurance provider knows how much you would deserve. You are vulnerable in settlement negotiations if you do not know how much money you deserve.

Economic and Non-Economic Damages in Your Case

The theory behind medical malpractice damages is the same as in any other personal injury case. The responsible party should compensate you for both your economic and non-economic damages.

Economic damages refer to the actual financial costs of your medical malpractice injury. You are compensated for the money you spent because of your injuries. You are also paid for money you could have earned but did not because of your physical condition.

Non-economic damages are a subjective part of your medical malpractice compensation. These represent the experience that you have had to live with since the injury and are expected to endure in the future. The most recognizable element of non-economic damages is pain and suffering. Your injuries could be causing you physical or emotional discomfort, affecting your life.

Pain and suffering should depend on your account of what you are going through and your life since the injury. However, insurance companies try to use measurements that do not always fully pay you. It is up to your attorney to tell your story and fight to get what you deserve based on your specific injuries and prognosis.

One difficult area of your case is that you are entitled to past and future damages. It may be hard to know how you will be impacted, but you still need to prove your future costs with enough certainty to persuade an insurance company or jury. Your attorney would review your case and work with expert witnesses to understand what would happen in the future.

There Are Some Caps on Medical Malpractice Damages

There are some limits to what you can recover in medical malpractice cases. Maryland has a law that limits non-economic damages in medical malpractice lawsuits. In 2023, the cap is $875,000, but it rises to $1,093,750 in a wrongful death case when there are two or more survivors. The non-economic damages cap increases by $15,000 each calendar year.

You Could Persuade the Jury to Award Punitive Damages

Even though non-economic damages are capped, there are still ways to receive more money under Maryland law. One aspect of your case that is not limited is punitive damages.

You only have one chance to receive compensation for a medical malpractice case. If you settle your case for too little or cannot persuade the jury as to the true extent of your damages, you will be leaving money on the table. Then, you may find that you run out of money in the future when you need it the most.

Contact a Baltimore Medical Malpractice Lawyer at LeViness, Tolzman & Hamilton to Learn How Much Your Case Is Worth

If a doctor’s negligence has injured you or a loved one, a Baltimore medical malpractice lawyer at LeViness, Tolzman & Hamilton can help. Call us today at 800-547-4LAW (4529) or contact us online to schedule a free initial consultation.

We have offices in Baltimore, Glen Burnie, Lanham, and Owings Mills, allowing us to represent clients in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.