We are pleased to report on changes to Maryland laws that accident victims should know about that will make it easier to recover damages.
Before We Begin, What are the Types of Damages in Auto Accident Cases?
There are two types of damages in accident cases.
The first type of damage is “economic damage,” such as medical bills and lost wages. Economic damage is not subject to a limit.
The second type of damages is “non-economic damages” such as pain and suffering, emotional distress, and loss of enjoyment. Non-economic damage is subject to a limit under Maryland law.
The “Pain and Suffering” (Non-Economic Damage) Limit Will Increase.
Presently, an accident victim can only recover a maximum of $920,000.00 in “non-economic damages” in Maryland.
Beginning October 1, 2026, this limit for “non-economic damages” will increase to $980,000.00.
While there was an effort to repeal a limit of any kind, the Legislature instead permitted an increase to the existing cap.
While it is nearly impossible to place a value on living a life free from pain and suffering and anxiety, accident victims will at least be able to recover more for their hurt and stress.
It May Be Easier to Prove and Recover Economic Damages.
At the same time, Maryland raised the cap on “non-economic damages” it also made it easier to recover “economic damages”.
Beginning October 1, 2026, medical bills produced by an accident victim are presumed to be fair and reasonable and therefore recoverable as economic damages.
The burden shifts to the defendant to establish that the medical bill is unfair or is unreasonable if the defendant does not want the medical bill to be available as economic damages.
Previously, accident victims had the burden of proving the reasonableness of their medical bills. This new law may make it easier and less expensive for accident victims to establish and prove economic damages.
Are you or a loved one the victim of an accident? Contact personal injury attorney Dan Shaivitz at (301) 656-1177 x304 or dshaivitz@bulmandunie.com for a free case evaluation.
