What Damages Can I Recover?

     As a victim of injuries and other losses due to the negligence of another, Maryland law provides that you must be made whole again and not bare the financial responsibility for doing so.

     In motor vehicle accidents, it is the responsibility of the at-fault driver, through their insurance company, to make you whole again at their expense. Accordingly, you are entitled to be compensated for the following damages:

1. Personal Injuries - Reimbursement for your medical bills and if there is a permanent medical condition, disability, disfigurement ( including scarring), or the need for future surgeries, your future medical expenses are included as well;
2. Property Damage - Damage to the motor vehicle that you were driving (the costs of repairs or the value of the vehicle if it is declared to be a total loss), the cost of a rental car while your car is being repaired, or if the vehicle was declared a total loss, until you get a replacement vehicle, the towing and storage fees incurred at the tow yard if the vehicle was towed, and your personal items which were damaged or lost through no fault of your own (See Property Damage Information Center);
3. Lost Wages - Lost income, even if you used sick time or other leave time, and if there is a permanent medical condition, your loss of future earning capacity;
4. Emotional Pain and Suffering - Compensation for your pain, your suffering, mental anguish, stress, anxiety, inconvenience, change and disruption to your quality of life, loss of enjoyment, and other such emotional injuries that resulted from the accident;
5. Other Losses - Reimbursement for your prescription medicine, medical supplies, medical equipment, a home care provider, loss of relationship with your spouse (called “Loss of Consortium”), other loss of services, mileage to and from your doctors, etc.

     In a claim for wrongful death, the spouse and family are entitled to recover the following additional damages and losses:

• Loss of Society;
• Loss of Companionship;
• Loss of Comfort;
• Loss of Protection;
• Loss of Care (marital care, parental care, filial (child) care);
• Loss of Attention;
• Loss of Advice;
• Loss of Counsel;
• Loss of Training;
• Loss of Guidance;
• Loss of Education; and
• Other non-economic damages authorized under Subtitle 9 of the Maryland Code, Courts and Judicial Proceedings, § 3-2A-01.

     In some cases, you may also be able to recover Punitive Damages. In order to receive punitive damages, the Defendant must have acted with malice for the Court to punish the wrongdoer by also awarding this damage. T

     The punitive damages awarded to the victim can be very high, exceeding the actual total damages sustained, based on punishing the malicious conduct of the other driver.

      For more information about your accident case and what you need to do right now, call me directly at: 410-446-6644 and I will discuss, review and evaluate your case with you at no charge. You may also contact me by completing the Contact box on the left side of this page, or by email at alexmiller@alexmillerlaw.com.

     You can also protect your case by reading my advice in my Free Personal Injury Fact Book.