When Can I Claim Emotional Distress in a Personal Injury Case?

 Posted on November 05, 2024 in English

A person who suffers an injury because of someone else’s negligence can sometimes collect compensation for the damages. Usually, these damages are financial: lost wages from an inability to work, medical expenses, and property damage all fall under the category of economic damages.

In some cases, however, a person may seek compensation for non-economic damages. These are not financial or quantifiable, so it is harder to assess the amount of compensation owed to the victim. Emotional distress falls under the category of non-economic damages and in some cases can fetch significant sums. Non-economic damages are harder to prove, so make sure you consult an experienced Maryland personal injury attorney who can represent you.

What Is Emotional Distress?

Emotional distress, which is sometimes referred to as pain and suffering, refers to the emotional hardship a person may experience as a result of an injury. A person who suffers emotional distress might experience:

• Severe weight loss

• Insomnia

• Anxiety

• Ulcers

• Mood changes

• Depression

• Decreased appetite

The types of injuries that cause emotional distress are typically more severe in nature. A car accident that leaves you with a sprained wrist, for example, is not a case where you would be likely to claim emotional distress, even if you do feel some trauma. However, an accident that causes more serious harm — like a catastrophic injury or a lost limb function  — can be a good candidate for an emotional distress claim. The best way to know if you are entitled to damages for emotional distress is to check with your attorney.

How Can I Prove Emotional Distress?

Proving emotional distress is not as easy as economic damages, where you can produce a medical bill or a receipt. Since it is a more subjective and intangible form of damage, a court will assess emotional distress based on certain factors such as:

• Clinical diagnosis: A diagnosis from a psychiatrist or medical provider showing you suffer from a psychological condition is a key piece of evidence for an emotional distress claim.

• Impact on life quality: You want to show how seriously the injury has impacted your day-to-day life. The greater the impact, the stronger your emotional distress claim can be.

• Injury severity: Lighter injuries are not likely to cause emotional distress. More severe ones, however, can cause pain and suffering. A third-degree burn that causes facial disfigurement, for example, is likely to cause emotional distress.

• Causation: Demonstrating that the injury caused your emotional distress is another key element to your claim. In the case of a third-degree burn, for example, it would not be a stretch to show that your disfigurement caused you emotional and psychological harm.

How Much Can I Collect for Emotional Distress?

There is no formula for calculating compensation for emotional distress under Maryland law, but there is a cap. The original law set a $650,000 ceiling on emotional distress damages, which increases every year by $15,000. As of October 2024, the cap is $935,000.

Contact an Aspen Hill, MD Personal Injury Attorney

If you have suffered emotional distress as a result of your injury, it can significantly increase the amount of compensation you can recover. However, any claims for non-economic damages should be brought by a Chevy Chase, MD personal injury lawyer for best results. At Salvado Law Offices, we are ready to investigate your case and help you collect all available evidence to recover the most compensation possible. Speak with an excellent attorney today by calling 301-933-1814 now. Se habla Español.