What are Damages?
Our civil justice is premised on the idea that although money is a poor substitute for one's physical health and peace of mind, it is how our law measures the magnitude of your loss. No one would every willingly exchange their good health and bodily integrity for money. Our system is premised on the idea that it is the "next best thing." The idea is to make an injured party whole for their loss. If that can't be done in actuality, then it is accomplished by proxy. Every day Baltimore personal injury lawyers use this idea, that in our legal system money is substituted for an intangible loss, to obtain financial recoveries for their injured clients.
The amounts recovered are "damages".
Specific strains of damages are discussed in more detail in specific chapters of this volume. All damage types [e.g. lost wages, pain and suffering, medical bills] have one thing in common.
The damages one seeks to recover must have been a foreseeable consequence to a reasonable person in the defendant's shoes at the time of the accident.
All of us must exercise reasonable care to keep our fellow citizens safe from harm. We cannot engage in conduct that directly injures others. Moreover, we must conform our conduct so that is does not create a zone of danger into which other may venture. But the scope of potential liability is limited by the concept of forseeability. When a person violates this legal obligation, and injures another, that victim is entitled to money damages. I've recovered millions of dollars in damages for my clients over the years.
-This Article was updated by Eric Kirk on 4/23/19.