• 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 Smallwood v. Bradford 352 Md. 8, 720 A.2d 586 Md.,1998.and as such eliminates the speculative nature of the claim for damages.

• Past Pain and Suffering

• Present Pain and Suffering

• Future Pain and Suffering

• Past Medical Bills

• 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.

• Future Medical Bills

• 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.

• Present Lost Wages

• Future Lost Wages

• 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. 247 Md. at 115, 231 A.2d 514 (emphasis supplied). In further describing the closely intertwined relationship between the underlying personal injury claim and the spin-off claim for the loss of consortium, it was Chief Judge Robert Murphy in Oaks v. Connors, 339 Md. 24, 38, 660 A.2d 423 (1995), who first used the very apt modifier “derivative.” [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.” 247 Md. at 109, 231 A.2d 514. 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.

• Prescription Cost

• 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.

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