Victims of accidents in Maryland are often aware of their right to seek compensation for their quantifiable damages, like medical expenses and lost income. However, the redress for physical pain, emotional distress, and the enduring impact on one’s quality of life, legally termed non-economic damages and commonly referred to as pain and suffering, is often less understood. Given the lack of a straightforward monetary value, calculating pain and suffering is one of the most intricate aspects of a personal injury claim. Please continue reading as we explore how pain and suffering damages are calculated by Maryland courts and how our experienced Prince George’s County Personal Injury Lawyers can help you fight for the compensation you need to get your life back on track.

How Do Maryland Courts Calculate Pain and Suffering Damages?

In Maryland, it’s crucial to understand that there is no fixed formula for calculating a victim’s pain and suffering damages. Instead, each case is assessed based on the type and severity of the injury, whether the injury is permanent or caused significant scarring, the duration of the recovery, and the effect on the victim’s daily life, relationships, and ability to work. Despite Maryland courts not having a fixed formula, insurance companies often employ internal methods to determine a dollar figure for pain and suffering:

  • The Multiplier Method: This is the most frequently used approach for calculating pain and suffering damages. This method involves determining your total economic damages and then multiplying that sum by a factor, typically ranging from 1.5 to 5. Lower multipliers are employed for less severe injuries or minor incidents, whereas higher multipliers are reserved for severe, life-altering injuries that have a long-term impact on the victim’s quality of life. For example, if your total economic damages are $30,000, and the injury warrants a multiplier of 2, the pain and suffering damages would be $60,000.
  • The Per Diem Method: This method involves assigning a daily monetary value to the injury’s impact on your daily life and multiplying that value by the number of days you endure pain, from the date of the injury to your maximum medical improvement or recovery. For example, if your daily rate is $200 per day and you suffered for 365 days, your pain and suffering damages would be $73,00o.

Although these methods can provide some structure, insurers often employ conservative figures, resulting in lower payouts. This underscores the critical importance of enlisting the help of a qualified attorney to ensure a fair valuation of your claim. Without legal representation, you risk settling for significantly less than the true value of your losses.

Are There Caps on Pain and Suffering Damages?

Like many states, Maryland imposes a cap on non-economic damages for personal injury cases. However, the cap is modified each year to account for inflation. As of January 1, 2025, the cap is $950,000 and increases by $15,000 annually. It should be noted that this amount may be higher for wrongful death cases with multiple beneficiaries and lower for medical malpractice cases.

If you have been injured due to another party’s negligence, please don’t navigate these complex waters alone. Contact Timian & Fawcett, LLC, today for guidance and skilled representation.