Can You Sue for Emotional Distress in a Maryland Personal Injury Case?

Sep 30, 2024

If you’ve been injured due to the negligence of another, you likely already know very well that the consequences of this injury can go far beyond the physical injury and loss of time at work. You’ve also suffered emotionally. Your personal injury attorney can help you understand what you might be entitled to in your case, and read on for general information about emotional distress claims in Maryland.

Can You Sue for Emotional Distress in a Personal Injury Case?

The simple answer is: “yes, if you can tie your emotional distress directly to the physical injuries and losses you have suffered.”

In other words, in most personal injury settlements you cannot sue solely for emotional distress. It must be pain and suffering you’ve endured because of physical losses that were caused by someone else’s negligence, and you must be able to show the connection. Emotional distress is also often called “pain and suffering” and is considered a type of non-economic damage. Economic damages are the quantifiable monetary losses you’ve sustained.

However, there is also something else recognized in Maryland law called “intentional infliction of emotional distress.” This refers to situations where a person deliberately tries to cause you pain and suffering.

Intentional Infliction of Emotional Distress

Maryland does allow you to sue for this, but it can be quite difficult to prove intentional infliction of emotional distress. You need to show a number of things to be successful.

You will need to show that the conduct was either intentional or was so reckless that it might as well have been. Then, you will need to show that the behavior was extreme and that there is a clear connection between that behavior and the emotional distress you suffered. Finally, you will have to show the emotional distress was severe enough that a reasonable person could not have been expected to endure it.

Working With a Personal Injury Attorney

Whether you need to add an element of emotional distress to your claim for economic damages in a regular personal injury lawsuit or you are interested in bringing a lawsuit for intentional infliction of emotional distress, you should not attempt to do this without a lawyer.

It can be very difficult to prove emotional distress, and even if you were able to prove it, it can be difficult to link it to someone else’s negligence. Working with a local Maryland lawyer who has experience in these types of cases, you have the best chance of getting the full compensation you are owed for your damages and losses, both economic and non-economic.

At the McKenzie & Tehrani Law Firm, we have extensive experience in personal injury law here in Maryland and always work on a contingency basis. That means we aren’t paid unless you are. Our goal is always to make sure you are fully compensated for all your losses, whether those are medical bills, lost wages, pain and suffering, and anything else. Contact us today at the McKenzie & Tehrani Law Firm in Rockland, MD or Greenbelt, MD for a free consultation.