|
|
|
Accident in
MD Maryland Personal Injury Attorney Maryland Auto Accident Attorney
Maryland Car Accident Accident Maryland Maryland Medical Malpractice
Lawyer
The Law Offices Of:
|
|
KEITH BLAIR BARTNIK, P.A. |
|
Call My Office. I Will Discuss Your Case
Over the Phone and
Provide a Case Evaluation
At No Cost to You
1-888-760-7339
DAMAGES
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.
Chief Judge
Robert Murphy in
Oaks v. Connors, 339 Md. 24, 38, 660 A.2d 423 (1995),
stated
[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.”
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.
-
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.
|
The Tax Liability of Personal
Injury Damages
IRC §104 (a) (2)
provides that "gross income does not include
the amount of any damages (other than punitive
damages) received (weather by suit or agreement and
whether as lump sum or as periodic payments) on
account of personal physical injuries or physical
sickness."
The Supreme Court of the United States
summarized the requirements of §104 (a) (2) as
follows:
First, the taxpayer must
demonstrate that the underlying cause of
action giving rise to the recovery is "based
upon tort or tort type rights"; and second,
the taxpayer must show that the damages were
received "on account of personal injuries or
sickness." Amos v. Commissioner
of Internal Revenue
|
|
|
|
Search for Mr. Bartnik on Yahoo, Google and MSN under
the following search terms:
Maryland Injury Attorney, Maryland Personal Injury Attorneys, Maryland
Personal Injury Lawyers, Maryland Personal Injury Attorney, Maryland
Personal Injury Lawyer, Accident Baltimore Maryland Lawyer, Car
Accident, Traffic Accident, attorney, Maryland
attorney, Maryland law, child support attorney, military divorce
lawyer, Prince George County lawyer, Baltimore City
Lawyer, good lawyer in Maryland, Howard County Lawyer,
trial attorney, Maryland trial lawyer. Maryland Personal
Injury, auto accident, motorcycle accident, wrongful
death, medical malpractice, legal malpractice, personal
injury statute of limitations, serious personal injury,
Prince George County lawyer.
Annapolis
Baltimore Bel Air Beltsville Bethesda Bowie Burtonsville
Cambridge Catonsville Chestertown Chevy Chase
Cockeysville College Park Columbia Crofton Crownsville
Cumberland Denton Derwood Dundalk Easton Elkton Ellicott
City Essex Fort Washington Frederick Gaithersburg
Germantown Glen Burnie Greenbelt Hagerstown Halethorpe
Hunt Valley Hyattsville Kensington La Plata Lanham Largo
Laurel Leonardtown Lexington Park Linthicum Heights
Lutherville Timonium Nottingham Oakland Ocean City
Owings Mills Oxon Hill Parkville Pasadena Pikesville
Potomac Prince Frederick Reisterstown Riverdale
Rockville Salisbury Severna Park Silver Spring Suitland
Sykesville Takoma Park Towson Upper Marlboro Waldorf
|