Personal injury damages are the final element of negligence. Remember, negligence requires: (1) a duty, (2) a breach of the duty, (3) causation, and (4) damages. Personal injury damages include a lot of different expenses, losses and injuries.
As always, we start with the jury instructions to educate us on what can be recover as damages in a personal injury case. Remember, the jury instructions are what are read to the jury by the judge. These instructions outline the law for the jury.
So, what are personal injury damages?
Personal Injury Damages – Legal Explanation
“In an action for damages in a personal injury case, you shall consider the following:
(1) The personal injuries sustained and their extent and duration;
(2) The effect such injuries have on the overall physical and mental health and well-being of the plaintiff;
(3) The physical pain and mental anguish suffered in the past and that with reasonable probability may be expected to be experienced in the future;
(4) The disfigurement and humiliation or embarrassment associated with such disfigurement;
(5) The medical and other expenses reasonably and necessarily incurred in the past and that with reasonable probability may be expected in the future;
(6) The loss of earnings in the past and such earnings or reduction in earning capacity that with reasonable probability may be expected in the future.
In awarding damages in this case you must itemize your verdict or award to show the amount intended for:
(1) The medical expenses incurred in the past;
(2) The medical expenses reasonably probable to be incurred in the future;
(3) The loss of earnings and/or earning capacity incurred in the past;
(4) The loss of earnings and/or earning capacity reasonably probable to be expected in the future;
(5) The “Noneconomic Damages” sustained in the past and reasonably probable to be sustained in the future. All damages that you find for pain, suffering, pre-impact fright, inconvenience, physical impairment, disfigurement, loss of consortium, or other non-pecuniary damages.” (Maryland Civil Pattern Jury Instructions).
Personal Injury Damages – Attorney Ross W. Albers’ Explanation
Typically, clients recover their medical bills, lost wages and Noneconomic Damages (pain/suffering/inconvenience) in a personal injury case. But, as you can see, what can be consider as damages is a lot.
You and your attorney really need to identify what your damages are before you file a lawsuit. For example, if you were in a head on collision automobile collision, you may have experienced pre-impact fright. I helped on a case where a client was struck by a car going the wrong way I-95. He testified that for about 2-3 seconds he knew he was about to be a serious accident and his life flashed before his eyes. The jury awarded him $50,000.00 for pre-impact fright.
As you can see, a lot can be consider as damages, it is important to meet with your attorney to identify what your damages. Perhaps, they are more than just your medical bills!
Schedule a Free Personal Injury Consultation
The Law Office of Ross W. Albers is located Westminster, Maryland. Carroll County Personal Injury Attorney Ross W. Albers is a former Maryland insurance adjuster. If you have been injured by the negligence of another driver, then contact the Law Office of Ross W. Albers to schedule a free consultation.