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Anne Arundel County
Meeting Location:
7310 Ritchie Highway, Glen Burnie, Maryland 21061 (410) 760-7339
Baltimore City
Office Meeting Location: 111 South
Calvert Street, Ste 2700, Baltimore, Maryland 21202 (410)
685-7339
Baltimore County:
10451 Mill Run Circle, Ste 400, Owings Mills, Maryland 21136
(410) 363-7339
Howard County
5044 Dorsey Hall Ste 205, Ellicott City,
Maryland 21042 (410) 740-7339
Prince George County:
6301 Ivy Lane
Suite 700, Greenbelt, Maryland 20770
(301)
474-7339
Montgomery County:
6701 Democracy Blvd. Suite 300 Bethesda, Maryland 20817
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PROOF OF
DAMAGES:
- Pre-Impact
Freight: You need to show some
pre-impact reaction to the impending
collision.
As we have seen in connection with
pre-impact fright, the circumstantial
evidence of the decedent's reaction to the
crisis served two functions: it established
the existence of the decedent's injury and
it formed the basis for its valuation
and
as such eliminates the speculative nature of
the claim for damages.
- Present Pain
and Suffering
- Future Pain and
Suffering
- Present Medical
Bills:
Medical expenses are recoverable likewise
future medical cost are also recoverable.
Expert testimony is required to prove the
reasonableness of the expenses.
Additionally, expert testimony is required
to prove future medical expenses. Also, do
remember it is necessary to have your
medical
records and bills received into evidence.
-
Past Lost Wages:
Plaintiff
must prove debilitating injury causing lost
time from work as a result of the accident.
The lost wages can be past, present (to date
of trial) and future. Future lost wages must
be reduced to present value in wrongful
death cases.
-
Loss Earning Capacity:
This element of damages is generally
proven by comparing what the injured party
was capable of earning before the injury
with what they are able to earn after the
injury. The future lost earning capacity may
be proven with testimony (medical expert,
economist, and a vocational expert) that
there is a reasonable probability of
decreased future earnings. There must be
evidence of impairment and the value of the
earnings affected.
- Diminished
Earning Capacity
- Loss Level of
Activities: Maybe proven by the
testimony of the plaintiff and those who
know the plaintiff in their personal and
work life. The check list to review as to
proof may consider the following
Physical effects of injury;
Loss of social enjoyment;
Loss of athletic enjoyment;
Loss of avocational enjoyment;
Loss of sexual enjoyment;
Mental effects of injury;
Emotional effects of injury
-
Loss Of Consortium:
There is no
individual right of recovery to a single
spouse, both must bring this action jointly
and plead the claim as a separate claim. The
losses that are recoverable are loss of
society, affection, assistance, conjugal
fellowship, marital compatibility and
companionship. The damages cap will not
apply to the claim for loss of consortium.
The two claims, albeit distinct, are
nonetheless inseparable and should be tried
together.
[W]hen either husband or wife claims loss of
consortium
by reason of physical injuries sustained by
the other as the result of the alleged
negligence of the defendant, that claim
can only be asserted in a joint action
for injury to the marital relationship.
That action is to be tried at the same time
as the individual action of the physically
injured spouse.
247 Md. at 115, 231 A.2d 514
(emphasis supplied).
In further describing the closely
intertwined relationship between the
underlying personal injury claim and the
spin-off claim for the loss of consortium,
it was Chief Judge Robert Murphy in
Oaks v. Connors, 339 Md. 24, 38, 660
A.2d 423 (1995),
who first used the very apt modifier
“derivative.”
[A] loss of consortium claim is derivative
of the injured spouse's claim for personal
injury.
In that opinion, Judge Murphy described the
intimately related natures of the claims.
We believe that damages to a marital
relationship are frequently inextricably
intertwined with the harm sustained by the
injured spouse. As we held in Deems,
“marital interests are in reality ...
interdependent [and] injury to these
interests is ... essentially incapable of
separate evaluation as to the husband and
wife.”
247 Md. at 109, 231 A.2d 514.
For example, the pain, suffering, and
depression that are personal to the injured
victim will inevitably affect the
relationship with that persons's spouse.
Whether
these injuries are claimed individually, by
the marital unit, or by both, however, they
constitute noneconomic damages flowing from
a single source, the tortious injury to the
victim spouse.
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Travel Mileage:
The cost
are recoverable. The plaintiff must prove
the travel cost are fair and reasonable and
incurred in connection with medical
treatment to and from the doctors and
hospitals.
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