{"id":373908,"date":"2016-11-25T12:59:39","date_gmt":"2016-11-25T17:59:39","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/maryland-law\/pain-and-suffering-damages-in-maryland.html"},"modified":"2018-12-20T01:10:05","modified_gmt":"2018-12-20T06:10:05","slug":"pain-and-suffering-damages-in-maryland","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/maryland-law\/pain-and-suffering-damages-in-maryland.html","title":{"rendered":"Pain and Suffering Damages in Maryland"},"content":{"rendered":"\n
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Pain and Suffering Damages in Maryland<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Just South of the Mason-Dixon Line lies Maryland, home of America’s Navy, the first cathedral in the United States, and Babe Ruth. If you or a loved one was injured in the Old Line State, the state’s strict contributory negligence law could leave you without recourse. Whether you were left without companionship, caused distress, or simply left in agony, we have compiled the information below to help you determine whether you may be entitled to recover pain and suffering damages in Maryland.<\/p>\r\n

The chart and accompanying explanations below offer more details on pain and suffering damages in Maryland.<\/p>\r\n\r\n

Statute of Limitations<\/b><\/p>\r\n<\/td>\r\n

\u2022 3 years for most civil claims (Md. Code Ann. Cts. & Jud. Proc. \u00a7 5-101<\/a>)<\/p>\r\n

\u2022 1 year for assault, libel, or slander (Md. Code Ann. Cts. & Jud. Proc. \u00a7 5-105<\/a>)<\/p>\r\n

\u2022 5 years from injury or 3 years from discovery for medical malpractice (Md. Code Ann. Cts. & Jud. Proc. \u00a7 5-109<\/a>)<\/p>\r\n

\u2022 10-20 years from the date first available for use for construction defect liability (Md. Code Ann. Cts. & Jud. Proc. \u00a7 5-108<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Damages Limits<\/b><\/p>\r\n<\/td>\r\n

\u2022 No pain and suffering in Worker’s Comp Claims (Maryland Worker’s Comp Info)<\/p>\r\n

\u2022 $500,000 + (number of years since 1994 X $15,000) limit on non-economic damages (Md. Code Ann. Cts. & Jud. Proc. \u00a7 11-108<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Other Limits<\/b><\/p>\r\n<\/td>\r\n

\u2022 Not using a seatbelt or children’s carseat is not contributory negligence (Md. Code Ann Transp. \u00a7 22-412<\/a>)<\/p>\r\n

\u2022 Contributory Negligence (Board of County Comm\u2019r of Garrett County v. Bell Atlantic, 695 A.2d 171 (Md. 1997)<\/a>)<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Pain and Suffering Damages<\/h2>\r\n

The legal system calls them economic losses, monetary damages, or pecuniary losses. You call them "that stack of bills in the corner that is going to max out my credit card." But what about your emotional distress over the loss of your loved one? Or your mental anguish over the loss of your hand? Even the loss of companionship you suffer after the death of a loved one is potentially compensable as pain and suffering damages.<\/p>\r\n

Claim Types<\/h2>\r\n

Pain and suffering damages are available if you or a loved one was injured in a car accident<\/a>, a slip and fall<\/a>, medical malpractice<\/a>, or another incident<\/a>. Like most states, pain and suffering damages are not available in workers’ compensation cases. In wrongful death claims and claims against drug dealers<\/a>, Maryland law specifically allows for damages to be awarded for non-pecuniary losses, including:<\/p>\r\n