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What Can I Recover In A Personal Injury Case
As a general rule, in a Maryland personal injury claim, you are entitled to recover the following damages and losses:
- Medical Bills;
- Lost Wages;
- Property Damage;
- motorcycle Rental;
- Other Out-of-Pocket Expenses due to the accident;
- Pain and Suffering;
- Physical Impairment;
- Disfigurement, including smotorcyclering;
- Future Medical Expenses;
- Future Lost Wages;
- Loss of Relationship with your Spouse, called “Loss of Consortium;”
- Other non-monetary injury; and
- In cases in which the person at fault’s conduct was malicious, you may be able to recover an additional damage, called “Punitive Damages.”
In a claim for wrongful death, the spouse and family are entitled to recover the following additional damages and losses:
- Mental Anguish;
- Emotional Pain and Suffering;
- 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 Maryland, Personal Injury Protection (PIP) covers medical bills, lost wages, and other accident related expenses resulting from personal injuries and losses sustained in an auto accident.
Other benefits of Personal Injury Protection (PIP) are that it is not fault-based, meaning you it provides financial compensation and covers for your personal injuries resulting from an automobile accident, regardless of who caused the motorcycle accident. And, your Insurance company will not count it against you so that you will not face increased premiums as a result of making a Personal Injury Protection (PIP) claim.
Furthermore, under Maryland law and the “Collateral Source Rule” you can receive benefits from more than one source. For instance, I will recover your lost wages and medical expenses for you from the other side’s Insurance company, and I will also recover those expenses and lost wages for you up to the amount of your Personal Injury Protection (PIP) coverage.
Under Maryland law, you are allowed to be compensated twice under the “Collateral Source Rule” because you have paid the insurance premiums for the Personal Injury Protection (PIP) coverage and therefore the law recognizes that you should not be penalized as an injured victim, and should benefit from that collateral, or other, source.
For more information about your motorcycle accident case and what you need to do right now, call me directly at: 410-983-3022 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. You can also protect your case by reading my advice in my Free Bike Accident Fact Book.