Losing a limb due to an accident or illness can be devastating. Beyond the physical pain and emotional trauma, there are significant financial burdens to consider. If you’ve been injured in Maryland and are wondering how much compensation for loss of limb you might be entitled to, this blog post can help.
There’s no simple answer to amputation compensation in Maryland. The amount you receive depends on the specific details of your case. However, this post will explore key factors that influence compensation and include information about connecting with a qualified Baltimore limb loss and amputation attorney, such as the ones at Baird Mandalas Brockstedt & Federico, LLC. To learn how our attorneys can help you immediately, please call or contact our team online.
What Affects Your Compensation?
Your compensation for a loss of limb depends on many factors. These include:
- Severity of your injury. The extent of your amputation and its impact on your daily life significantly affects compensation. Losing a limb will generally result in a higher award than losing a finger.
- Your age and occupation. Younger individuals with physically demanding jobs may receive more due to their greater future earning potential.
- Fault. If someone else’s negligence caused your injury, you may be entitled to compensation for pain and suffering.
Each of these could play a vital role in your claim, and speaking with an experienced attorney can help you understand the effect each can have on your compensation.
Types of Damages
There are two main types of damages in personal injury cases: economic and noneconomic.
Economic damages are the financial losses you suffer because of your injury. These include:
- Medical bills,
- Lost wages,
- Future medical expenses,
- Loss of household services; and
- Reduced earning capacity.
Noneconomic damages are the non-financial losses you may experience. These include:
- Pain and suffering,
- Emotional distress,
- Loss of enjoyment of life, and
- Permanent disability.
To help you understand, let’s break down these types by the most common types.
Medical Expenses
Medical expenses include hospital bills, surgeries, prosthetics, and rehabilitation. These costs add up quickly. You can also get compensation for future medical costs if you need ongoing treatment.
Lost Wages
You can get compensation for lost wages if you miss work because of your injury. If you can’t return to your old job, you may also get compensation for reduced earning capacity or training to learn a new position.
Pain and Suffering
Pain and suffering include physical pain and emotional distress. This type of compensation is more challenging to calculate and prove, as it depends on how much your injury affects your daily life and your mental health.
Permanent Disability
Permanent disability means you can no longer do the things you once enjoyed, and includes both work-related and personal activities. The compensation for permanent disability depends on how much your life has changed because of the injury.
Maryland Laws
Maryland has specific laws that affect personal injury claims. Here are some important ones:
Statute of Limitations
The statute of limitations dictates the time you have to file a lawsuit. In Maryland, you have three years from the date of the injury to file a personal injury lawsuit. If you miss the deadline, you will likely be unable to recover compensation.
Comparative Negligence
Maryland follows the pure contributory negligence rule. Under this rule, you can’t get compensation if you are even 1% at fault for your injury. Therefore, it is vital to have a lawyer who can prove that the other party is fully at fault.
Caps on Noneconomic Damages
Maryland caps noneconomic damages at $935,000 as of 2024 and increases by $15,000 annually. Economic damages do not have a cap.
How Much Can You Get?
So, how much compensation for loss of limb can you get in Maryland? It varies widely based on the factors we have discussed. However, here are some scenarios to help you have a better idea.
Scenario One: Workplace Injury
If you lose a limb in a workplace accident, you are likely eligible for workers’ compensation. This benefit includes payment for medical expenses and a portion of your lost wages but does not cover pain and suffering.
Scenario Two: Car Accident
If you lose a limb in a car accident, you can file a personal injury lawsuit, where you can seek both economic and noneconomic damages. These would include medical expenses, lost wages, pain and suffering, and permanent disability.
Example Three: Medical Malpractice
You can sue your healthcare provider if you lose a limb because of medical malpractice. Similar to the car accident scenario, you could argue for both economic and non-economic damages, though the claim process will be different.
How an Attorney Can Help
A Baltimore limb loss and amputation attorney can help you get compensation for your injury. They can:
- Gather evidence to support your case. Medical records, accident reports, witness statements, and expert testimonies are all vital evidence for an amputation claim. An experienced attorney knows what is needed to prove liability and the extent of your damages.
- Calculate the value of your damages. Determining the value of your damages is complex. A lawyer will consider all factors discussed in this blog and ensure you seek the maximum compensation possible, taking into account both current and future costs.
- Negotiate with insurance companies. Insurance companies are notorious for attempting to minimize payouts. Your lawyer will handle all communications with the insurance companies to negotiate a fair settlement.
- Represent you in court if needed. Your lawyer will take your case to court if a fair settlement cannot be reached. They will present your case clearly and convincingly, using their knowledge of Maryland law, previous cases, and court procedures.
Overall, having a lawyer can make a major difference in the outcome of your case.
How Baird Mandalas Brockstedt & Federico, LLC Can Help
At Baird Mandalas Brockstedt & Federico, LLC, we have the trial experience and results-driven mindset to take on your loss of limb or amputation case. We have secured major verdicts and settlements, including $14,500,000 for a young victim of hospital negligence.
Our team will assess the facts of your case and create a plan to take legal action. In addition, we will work with experts to provide you with the advice and counsel your case needs. We have helped clients recover damages for past and future medical expenses, lost wages, pain and suffering, and permanent disability.
Losing a limb is a serious injury that will undoubtedly change your life forever. Call or contact Baird Mandalas Brockstedt & Federico, LLC online today to get the compensation you deserve.
Where to find our Baltimore office:
Phil Federico is a partner at Baird Mandalas Brockstedt & Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.
Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.
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