Yes, in Maryland, a car accident lawyer can sue for emotional distress. However, it’s usually connected to physical injuries from the crash. Emotional distress—often called “pain and suffering”—is a type of non-economic damage recognized under Maryland law.
A car accident on a busy Maryland road can cause lasting harm, both physically and emotionally. If you are experiencing anxiety, fear, or other psychological effects after a collision, a Maryland car accident lawyer can help you understand your legal rights.
Physical injuries like broken bones or whiplash often get immediate attention. But the emotional impact of a car accident can be just as serious. Mental health plays a vital role in recovery. In Maryland, the law allows victims to seek compensation for emotional distress if supported by evidence.
If you’re struggling with emotional trauma after a car accident, you don’t have to face it alone.
Call Furman Honick Law at (410) 844-6000 to speak with an experienced Maryland attorney.
We’re here to listen, guide you through your legal options, and help you pursue the compensation you deserve.
Understanding Emotional Distress in Maryland Car Accident Claims
Emotional distress refers to a range of psychological injuries that can result from a car accident in Maryland. It is more than temporary sadness or irritation. When mental suffering begins to interfere with daily life, it becomes a serious issue that may be legally recognized. A Maryland car accident lawyer can help identify, document, and pursue compensation for these emotional injuries. Learn more about working with an injury lawyer after a car accident to protect your rights and build a strong emotional distress claim.
What Qualifies as Emotional Distress After a Collision in Maryland?
Post-Traumatic Stress Disorder (PTSD) is another serious condition that can develop after experiencing or witnessing a traumatic event, such as a car accident. Symptoms may include nightmares, flashbacks, intrusive thoughts, and intense anxiety triggered by reminders of the crash.
According to the National Institute of Mental Health, PTSD can significantly disrupt daily life but is treatable with proper care. Understanding these symptoms and seeking professional help is an important step in both emotional recovery and legal documentation.
Emotional distress after a car accident can take many forms. It may include ongoing sleep problems, feelings of embarrassment due to scarring or disfigurement, or profound grief following the serious injury or loss of a loved one. These types of emotional suffering are recognized in Maryland car accident claims and may be considered when seeking compensation.
However, not all emotional responses qualify for legal recovery. Short-term feelings like frustration or sadness are generally not enough. To be eligible, the distress typically must be serious, long-lasting, and in many cases, connected to a physical injury or diagnosed mental health condition.
A Maryland car accident lawyer can help evaluate your situation and determine whether your emotional distress meets the legal requirements for a claim.
The Link Between Physical Injuries and Emotional Suffering in Maryland Accidents
In many Maryland car accident claims, emotional distress is directly tied to physical injuries. Chronic pain from a spinal injury, reduced mobility after a fracture, or changes in appearance caused by facial scarring can all contribute to emotional suffering. These conditions may lead to depression, anxiety, or social withdrawal.
For example, if you were in a multi-vehicle crash on the Jones Falls Expressway (I-83), your recovery may take time. You could be facing job loss, high medical bills, and fear about what comes next. These emotional effects are serious and should be part of your injury claim.
A Maryland car accident lawyer can help connect these physical and psychological injuries in a way that supports your case.
How to Prove Emotional Distress in a Maryland Car Accident Claim
If you’re struggling with anxiety, trauma, or emotional suffering after a crash, you may have legal grounds for compensation. Learn more about Maryland medical malpractice and injury claims to see how emotional distress fits into personal injury cases in Maryland.
Medical Records: Core Evidence for Emotional Distress in Maryland
Emotional trauma, like physical injuries, needs proper evaluation and care from medical professionals. If you’re dealing with symptoms like anxiety, depression, or panic attacks after a car accident, talk to your primary care doctor. They can assess your condition and refer you to a mental health specialist if needed.
Documentation from licensed therapists, psychologists, or psychiatrists plays a key role in supporting your claim. This may include therapy notes, diagnostic reports, medication prescriptions, and progress evaluations.
Consistently attending treatment and following medical guidance not only supports your recovery but also demonstrates the seriousness of your emotional distress. Your Maryland car accident lawyer will use these records as foundational evidence when building your case.
Personal and Witness Testimony in Maryland Claims
Your personal account of how the accident has affected your mental health can be a powerful part of your claim. Keeping a journal that details your emotional challenges, such as anxiety, difficulty sleeping, or withdrawal from social activities, helps document the day-to-day impact on your life.
Whether the crash occurred in downtown Baltimore or along a quieter road in Howard County, your reflections provide meaningful insight into how your emotional state has changed over time.
In addition to your own testimony, observations from people close to you, including family members, friends, or coworkers, can further strengthen your case. They may describe noticeable changes in your behavior, such as increased irritability, heightened anxiety, or reduced social engagement.
For example, someone in Towson or Annapolis who knew you well before the accident may be able to explain how your personality or demeanor has shifted. These outside perspectives help create a consistent narrative that supports the severity of your emotional distress.
Expert Witnesses in Serious Emotional Distress Cases
In complex cases involving PTSD or similar conditions, a Maryland car accident attorney may bring in an expert witness. A forensic psychologist or psychiatrist can assess your mental health, review your treatment records, and prepare a report. They may also testify in court. Their evaluation helps show how the accident caused your emotional distress.
If you’re facing emotional distress after a car accident in Maryland—on Route 40 in Catonsville, I-83 in Baltimore, or a road in Howard County—help is available. A Maryland car accident lawyer can guide you through each step of the claims process and help you pursue the compensation you deserve.
Types of Emotional Distress Claims Recognized Under Maryland Law
Emotional distress can appear in different legal forms after a car accident. Maryland law recognizes several ways that mental and emotional suffering may be compensable.
A Maryland car accident lawyer will help determine which type of claim is appropriate for your situation and how to support it with the right evidence.
Pain and Suffering Damages: Emotional Distress Tied to Physical Injury
In Maryland car accident cases, emotional distress is usually covered under non-economic damages, often called “pain and suffering.” According to Maryland Code, Courts and Judicial Proceedings § 11-108, if you suffer a physical injury due to someone else’s negligence, you may also qualify for compensation for the emotional and psychological impact of that injury.
This can include anxiety, depression, mental anguish, and a diminished enjoyment of life stemming from the disruption to daily routines. A Maryland car accident lawyer can help evaluate these losses and present them effectively as part of a comprehensive injury claim.
Intentional Infliction of Emotional Distress (IIED) in Maryland Car Accidents
While it’s rare in car accident cases, Maryland law does allow for Intentional Infliction of Emotional Distress (IIED) claims in very limited circumstances. This type of claim applies only when the at-fault party’s behavior was not just careless, but so extreme and outrageous that it was intended to, or recklessly did, cause serious emotional harm.
To succeed with an IIED claim in Maryland, you must prove all of the following:
- Intentional or Reckless Conduct: The other person acted deliberately or with reckless disregard for how their actions might affect someone else.
- Extreme and Outrageous Behavior: Their conduct was so shocking and offensive that it goes far beyond what society considers acceptable.
- Causation: There must be a direct connection between their conduct and the emotional distress you suffered.
- Severe Emotional Distress: The emotional suffering must be so severe that no reasonable person could be expected to endure it.
The legal standard for IIED is very high. Maryland courts are generally reluctant to allow these claims to move forward, especially when they arise from car accidents.
A rare exception might involve a road rage incident where a driver intentionally tried to frighten or harm someone, or acted with deliberate cruelty. However, ordinary negligence, and even gross negligence, is not enough to meet this legal threshold.
Get the Support You Need for Emotional Distress After a Maryland Car Accident
Emotional trauma after a car accident can affect nearly every aspect of your life and may be just as serious as a physical injury. If you’re struggling with anxiety, PTSD, or depression, it’s essential to understand what to do after a personal injury accident so you can protect your rights and pursue compensation for emotional distress.
The experienced Maryland car accident lawyers at Furman Honick Law are ready to support you. Our team provides clear guidance and strong legal representation to help you move forward. We understand how deeply emotional distress can affect your daily life, and we are committed to building a case that fully reflects what you have been through.
To speak with an attorney and explore your legal options, contact Furman Honick Law at (410) 844-6000 for a free and confidential consultation.
Frequently Asked Questions:
There’s no set amount. The value depends on many factors, including the severity and duration of your emotional distress, the strength of your medical evidence, the impact on your daily life, and whether you also had physical injuries. Maryland also has caps on non-economic damages. An experienced Maryland car accident attorney can evaluate your potential claim.
Strong proof includes medical records from doctors and mental health professionals, your own detailed testimony or journal entries about your symptoms and their impact, and sometimes testimony from family or friends. Expert psychological testimony might also be necessary.
While you can try to handle it yourself, emotional distress claims are complex and often met with skepticism by insurance companies. A Maryland car accident lawyer understands how to gather the necessary evidence, navigate Maryland law, and effectively advocate for the value of your emotional suffering.
The statute of limitations for personal injury claims in Maryland, which generally includes emotional distress linked to an accident, is typically three years from the date of the incident. It’s important to consult with a Maryland car accident lawyer well before this deadline.
Yes. Passengers, pedestrians, and even bystanders who were directly affected by the accident may be able to pursue a claim for emotional distress, depending on the circumstances. Maryland law focuses on how the incident impacted you, not just your role in the crash. A Maryland car accident lawyer can evaluate your experience and advise whether your situation qualifies under applicable legal standards.
Can a Maryland Car Accident Lawyer Sue for Emotional Distress?
Yes, a Maryland car accident lawyer can help you sue for emotional distress if the crash caused significant psychological harm. Emotional injuries like anxiety, depression, or post-traumatic stress can be just as serious as physical ones. A skilled attorney will gather the medical and legal documentation needed to support your claim and fight for fair compensation. If you’re suffering emotionally after an accident, contact us today for a free, confidential consultation to discuss your legal options.