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If the judge instructs jury determine non-economic damages only, can I file suit for economic damages?

Annapolis, MD |

I was involved in a auto accident in Rockville, MD on September 2010. 3-day trial held Mar 2013. Sustained body injuries, and hearing loss (Tinnitus) Went to physical therapy & hearing doctors. Lost time from work; incurred large medical debt and expenses (approx 30000 total). The defendant admitted liability. The judge instructed the jury to determine non-economic damages; that there was no need to determine liability since it was admitted to by the defendant. The jury verdict awarded $3,000. Post trial motion - denied. I wish to appeal because this is not fair or adequate to make make losses right. None of the evidence or bills were reviewed by the jury. How can I right this wrong? I need some direction from this forum. Help me please.

Attorney Answers 7


  1. Sorry, but your time to contest the verdict and/or sue further has long ago expired; in all probability. Consult with your former attorney.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  2. Trial of a personal injury case raises many issues. Without having actually been in the courtroom none of us on this side of the computer can do anything other than speculate as to what went wrong. My speculation is that evidence was not there to support a verdict including pain and suffering, thus the apparent instruction. Only your own attorney can trouble shoot. Your day in court is your day in court. Here's more: [Blue-Link-Below]

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


  3. I am hoping and assuming you had counsel handle this. They are the only ones who can answer your question.

    This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.


  4. More information is needed to evaluate. Call one of the above distinguished lawyers to discuss.


  5. The other lawyers who have responded are 100% correct. Talk to your lawyer.

    As a local attorney however, I can add that Montgomery County is a very conservative jurisdiction when it comes to personal injury claims. Low jury verdicts are very common.


  6. I assume you had an attorney at trial, so they would be the best person to ask. However, your question states that the judge ONLY instructed the jury about non-economic damages. Why? Maryland does not allow you to split a lawsuit up based on the different damages you have. You would have been required to pursue both economic and non-economic damages in the same trial. Another issue is that you have 30 days from the trial, or denial of post-trial motions to file the appeal. Talk to your lawyer NOW because they would be the best person to explain if an appeal is worth it. I can personally tell you that, based on the law, not all cases can be won on appeal.


  7. All if the other attorneys are correct, but my biggest question is WHY did the judge only instruct that way? Whst evidence if economic damage existed, and why was it not considered by the jury?

    Feel free to contact me if you want a quick phone consult. Unless you noted your wooden already, that is probably not possible already. But perhaps there are other options friending in your facts.