Putting a Price on Pain. How Pain and Suffering Settlements Work in Maryland Personal Injury Cases

When someone is injured in an accident, the financial consequences often extend far beyond medical bills and lost wages. Victims experience physical discomfort, emotional trauma, and a diminished quality of life—damages that are less tangible but just as real. In Maryland personal injury claims, these intangible harms are typically referred to as “pain and suffering”, and they play a critical role in the overall value of a settlement.

At SG Legal Group, we understand that our clients aren’t just dealing with broken bones or surgical procedures—they’re dealing with anxiety, sleepless nights, depression, and the inability to enjoy life as they once did. This blog post explains how pain and suffering settlements work, how these damages are calculated, and what you can do to ensure you're fully compensated.

‍

What Is “Pain and Suffering” in a Personal Injury Claim?

In the context of personal injury claims, "pain and suffering" refers to the non-economic damages that a person endures as a result of an injury caused by someone else’s negligence. These damages fall into two main categories:

1. Physical Pain and Discomfort

This includes the actual physical sensations caused by your injury—everything from headaches, back pain, and muscle strain to ongoing nerve damage or chronic conditions.

2. Emotional and Mental Suffering

Injuries often lead to emotional trauma such as depression, anxiety, PTSD, loss of enjoyment of life, or the strain of being unable to participate in activities or relationships the way you used to.

These non-economic losses differ from economic damages like medical bills or lost wages because they are not tied to specific dollar amounts. That’s what makes pain and suffering settlements more complex to calculate.

‍

How Pain and Suffering Settlements Are Calculated in Maryland

Maryland law allows injured plaintiffs to seek compensation for pain and suffering, but there is no universal formula for determining the exact value. That said, insurance companies and courts often use a few common methods:

1. The Multiplier Method

This is one of the most widely used approaches. The total of your economic damages (medical bills, lost wages, etc.) is multiplied by a number, based on the severity of your injuries.

Example:
If your medical bills and lost wages total $50,000, and the multiplier is 3 due to the seriousness of your injuries, your pain and suffering damages may be calculated at $150,000.

2. The Per Diem Method

This method assigns a dollar amount for each day you endure pain from the date of the accident until you reach maximum recovery.

Example:
If $200 is considered a fair daily rate and you suffer for 180 days, your pain and suffering settlement may be valued at $36,000.

‍

Factors That Influence the Value of Your Pain and Suffering Settlement

Not every injury justifies the same level of compensation. Several factors come into play:

• Severity of the injury (e.g., fractures vs. soft tissue injuries)

• Duration of recovery

• Type and invasiveness of medical treatment

• Permanence of disability or scarring

• Psychological impact (e.g., PTSD, depression)

• Impact on daily activities and relationships

• Credibility of the plaintiff

• Supporting documentation, such as medical records, therapy notes, and personal journals

At SG Legal Group, we work closely with clients to build a compelling narrative that fully documents both physical and emotional suffering, helping to maximize the pain and suffering settlement.

‍

Maryland’s Cap on Pain and Suffering Damages

In Maryland, non-economic damages like pain and suffering are subject to a statutory cap. As of 2025, the cap for personal injury cases (excluding medical malpractice) is approximately $950,000, and it increases annually by $15,000. If the injury stems from wrongful death with multiple beneficiaries, the cap is higher.

This means that even if a jury believes you deserve $2 million for pain and suffering, you may only receive the capped amount. Understanding this limitation is key when negotiating a settlement or deciding to go to trial.

‍

Insurance Adjusters vs. Jury Awards: Who Decides the Value?

In a settlement, the value of your pain and suffering is typically negotiated between your attorney and the insurance adjuster. These negotiations rely heavily on your medical records, your personal testimony, and expert reports (like psychological evaluations or functional capacity exams).

If a case goes to trial, then it’s up to the judge or jury to decide the value of pain and suffering. This can be unpredictable—some juries are more sympathetic than others—but it also opens the door to potentially higher awards.

That’s why having a personal injury attorney who understands how to present evidence of pain and suffering effectively is critical.

‍

How to Strengthen Your Pain and Suffering Claim

Pain and suffering are subjective, but your case can be bolstered with the right evidence and documentation:

• Medical Records – Detailed notes from physicians, surgeons, and therapists help show the scope of your suffering.

• Psychological Records – Documentation of mental health treatment reinforces emotional distress claims.

• Personal Journal – A day-by-day account of how your injury affects your life is powerful evidence in front of adjusters or juries.

• Photos and Videos – Visual proof of your injuries or your inability to engage in hobbies or family life can be very persuasive.

• Witness Testimony – Family, friends, or coworkers who can attest to changes in your behavior or quality of life add credibility to your claim.

‍

Why You Need a Personal Injury Lawyer for Pain and Suffering Settlements

Insurance companies are motivated to minimize payouts for pain and suffering because they are not tied to fixed dollar amounts. Adjusters often offer lowball settlements, knowing that victims may not fully understand the value of their non-economic damages.

An experienced Maryland personal injury attorney can:

• Evaluate the full scope of your losses

• Use expert witnesses to support your claim

• Negotiate with insurers to obtain a fair settlement

• Take your case to trial if necessary to pursue the compensation you deserve

At SG Legal Group, we’re committed to advocating for your total recovery—not just your medical bills.

‍

Conclusion. You Deserve Compensation for More Than Just Bills

When you've been injured due to someone else’s negligence, you’re entitled to more than reimbursement for out-of-pocket expenses. The physical pain, emotional trauma, and impact on your daily life are all part of the injury you’ve suffered—and Maryland law recognizes that.

If you or a loved one has been hurt in a car accident, slip and fall, medical malpractice incident, or any other personal injury event, contact SG Legal Group today to discuss your potential pain and suffering settlement. We’ll ensure your voice is heard and your suffering is fairly compensated.