Emotional distress can leave individuals feeling vulnerable, overwhelmed, and uncertain about the future. At The Bishop Law Group, we understand the significant toll these challenges can take.
Whether you’re grappling with anxiety, frustration, or fear, we’re here to provide support and help you find peace of mind during difficult times.
Our team is dedicated to helping you pursue justice and get the compensation you deserve. We approach every case with professionalism, care, and thorough guidance, ensuring that your rights are protected.
Whether you’re facing medical bills, lost wages, or other consequences from an accident caused by another party’s negligence, our Baltimore personal injury lawyers will work with you to build a strong claim and seek fair results.
If you are looking for an experienced and compassionate personal injury attorney you can trust, contact The Bishop Law Group today to discuss the details of your case. Our firm proudly serves clients throughout Maryland, including Baltimore, Ocean City, and other nearby communities.
Emotional Distress in Maryland: Understanding Your Rights and Options
Experiencing emotional distress can be a lasting and challenging consequence of a traumatic event, accident, or intentional act. In Maryland, individuals who suffer emotional distress caused by another party’s negligence or misconduct may have the right to pursue compensation.
What is Emotional Distress?
Emotional distress, also referred to as psychological trauma or mental anguish, is the emotional and psychological harm an individual experiences due to a traumatic event, accident, or intentional action. Symptoms of emotional distress may include:
- Anxiety
- Depression
- Post-traumatic stress disorder (PTSD)
- Fear
- Anger
- Humiliation
- Embarrassment
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Types of Cases That May Lead to Emotional Distress Claims
Claims for emotional distress may arise under various circumstances, such as:
Personal Injury Cases
- Accidents involving cars, slips and falls, medical malpractice, and other injuries often result in emotional distress.
Workplace Harassment and Discrimination
- Emotional distress can occur when employees face harassment, discrimination, or retaliation in the workplace.
Intentional Torts
- Situations such as assault, battery, and false imprisonment may lead to emotional distress claims.
Negligent Infliction of Emotional Distress
- Emotional distress caused by another party’s negligence falls under this category.
Steps for Filing an Emotional Distress Claim in Maryland
If you wish to file an emotional distress claim in Maryland, you will need to demonstrate that the defendant’s actions or negligence caused you harm. Follow these steps:
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Consult an Attorney
Seek guidance from an experienced personal injury attorney to assess the validity of your claim.
2.Document Emotional Distress
Maintain records of your symptoms, treatments, and the impact emotional distress has on your daily life.
3.Gather Evidence
Collect supporting evidence such as medical records, expert opinions, and witness statements.
4.File a Complaint
With your attorney’s help, file a court complaint detailing the emotional distress caused by the defendant’s actions or negligence.
5.Negotiate a Settlement or Proceed to Trial
Attorneys often negotiate settlements with the defendant’s insurance company. If this is unsuccessful, the case may proceed to trial.
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Damages in Emotional Distress Cases
Compensation for emotional distress is based on several factors, including:
Severity of Emotional Distress
The severity of emotional distress is assessed by examining its intensity, frequency, and persistence. This includes understanding the depth of emotional suffering, such as feelings of anxiety, depression, or emotional instability, and gauging how severely these emotions impact the individual’s mental health and well-being.
The evaluation considers how the distress interferes with their ability to function in everyday life and whether it has triggered other psychological conditions, such as post-traumatic stress disorder (PTSD).
Duration of Distress
The timeline of emotional distress plays a crucial role in its evaluation. This includes examining how long the individual has been experiencing distress, whether it is short-term or chronic, and the potential for it to continue in the future.
Short-term distress might indicate a situational response, while prolonged or indefinite distress could suggest a deeper, more impactful issue requiring substantial attention and support.
Daily Life Impact
Emotional distress often disrupts a person’s everyday life, affecting their relationships, employment, hobbies, and overall quality of life. For instance, strained personal relationships, workplace conflicts, reduced productivity, or withdrawal from social and leisure activities can all be clear indicators of the impact.
Assessments focus on understanding the scope of these disruptions and their cascading effects on the individual’s emotional and practical stability.
Medical Expenses
Emotional distress frequently necessitates professional intervention, resulting in costs for therapy, counseling, medication, or other mental health services.
These expenses may include regular sessions with licensed therapists, specialized treatments like cognitive behavioral therapy (CBT), psychiatric consultations, and prescription medication aimed at managing symptoms such as anxiety or depression.
Documenting these costs helps highlight the financial strain caused by the emotional distress.
Lost Wages
Emotional distress can interfere with an individual’s ability to work, resulting in lost income. This might be due to absences from work caused by mental health struggles, reduced ability to concentrate or perform job responsibilities, or the need to take extended leave for treatment and recovery.
Calculating these losses is essential to understanding the financial ramifications of the distress.
Pain and Suffering
This aspect refers to the subjective experience of emotional pain, anguish, and mental suffering.
Unlike tangible expenses, pain and suffering involve the internal and often invisible struggles an individual faces daily. This includes feelings of hopelessness, humiliation, fear, or other emotions that are challenging to quantify but deeply affect the individual’s overall well-being.
Expert Testimony
Insights from qualified professionals, such as psychologists or psychiatrists, are crucial in establishing the extent and impact of emotional distress.
These experts can provide detailed evaluations, including diagnostic findings, treatment plans, and professional opinions about the severity, duration, and prognosis of the distress.
Their testimony often helps substantiate claims and offers an objective framework for understanding the emotional toll on the individual.
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Methods for Calculating Compensation
Maryland uses various methods to calculate appropriate compensation for emotional distress:
Multiplier Method
- Economic damages (e.g., medical expenses) are multiplied by a number (commonly 1–5) to estimate non-economic damages (e.g., pain and suffering).
Per Diem Method
- A daily value is assigned to the emotional distress and multiplied by the number of days it has persisted.
Expert Testimony Method
- Expert witnesses provide analysis and assessments of the emotional distress’s duration and severity.
Contact a Personal Injury Attorney Today
If you or someone you know has been struggling with emotional distress caused by a traumatic incident and needs legal assistance, The Bishop Law Group is here to provide compassionate and expert guidance every step of the way.
Contact us to schedule a consultation and let us help you find justice and work toward restoring your peace of mind.
Call or text (410) 390-3101 or complete a Free Case Evaluation form
