In Maryland, determining the value of “pain and suffering” in a personal injury case can be complex. Unlike quantifiable damages such as medical bills and lost wages, which are easily documented, pain and suffering are considered non-economic damages. These damages are intended to compensate individuals for the physical pain and emotional distress resulting from the accident, reflecting their subjective losses. Please continue reading as we explore how pain and suffering damages are calculated in Maryland, as well as how an experienced Prince George’s County Personal Injury Attorney can help you fight for the compensation you deserve.
How is Pain and Suffering Calculated in Maryland Injury Settlements?
Given the unique nature of each person’s experience, Maryland law does not provide a specific formula for calculating pain and suffering. Instead, insurance companies and attorneys employ various methods to arrive at an equitable figure. The court will typically assess factors like the severity of the injury, how long the recovery takes, whether there is a permanent disability or disfigurement, and how the injury impacts daily activities. For instance, a broken arm that recovers in a few months may lead to moderate pain and suffering compensation. In contrast, a traumatic brain injury that impairs an individual’s capacity to work or care for their family could warrant a significantly greater settlement.
While the law doesn’t require a specific formula, insurance companies typically turn to the following methods to arrive at a pain and suffering number:
- The Multiplier Method: This is the most common method used for valuing pain and suffering. It involves calculating your economic damages and multiplying the total number by a number (usually between 1.5 and 5), depending on the severity of your injury. If your economic damages equal $75,000 and the injury warrants a multiplier of 3, the pain and suffering damages would be $225,000.
- Per Diem Method: This approach involves assigning a daily dollar value to the pain you experience as a result of your injury and multiplying it by the number of days you are expected to suffer. If you assign $200 as your daily dollar value for pain and suffering you endured, and you suffered for 90 days, the per diem calculation would be $18,000.
Why is an Attorney Essential for Fair Valuation?
Without the assistance of a qualified attorney, accident victims often settle for less than their case is truly worth. Insurance adjusters frequently downplay injuries and diminish the severity as subjective and difficult to substantiate. An attorney can provide crucial support by:
- Gathering compelling evidence and expert testimony to bolster your claim
- Challenging lowball insurance offers and fighting for the maximum compensation to which you are entitled
- Demonstrating the impact your injury had on your daily activities, relationships, and ability to earn an income
- Representing your interests in court if the insurance company won’t make a fair settlement offer
Having legal representation in your corner ensures that your damages are backed by solid evidence and strong advocacy, rather than being subject to the insurance company’s predetermined formula. For more information, please don’t hesitate to contact an attorney at McCarthy, Winkelman, & Mester, L.L.P.
