Jill Kolodner | August 15, 2024 | Personal Injury

When a person files a personal injury claim in Maryland, they seek compensation for their financial losses or economic damages. However, monetary losses are only one element of a personal injury case. An injured party may also experience pain and suffering because of their injuries and the trauma of the accident. These damages are called non-economic damages.

Emotional distress is included in non-economic damages. Even though it is not a physical injury, it is just as serious and can be just as debilitating as a physical injury. Emotional distress can impact every aspect of your life, from your quality of life to your ability to work and care for your family.

What Is Emotional Distress in a Maryland Personal Injury Case?

The event that caused your injuries may be traumatic. For example, a car accident can be extremely frightening and distressing. You may experience worry, stress, and anxiety about how you will pay the medical bills and your personal expenses during your recovery. 

Feelings of hopelessness may cause you stress as you worry about whether you can recover fully from your injuries and return to work and ordinary daily tasks. These emotions and worries are encompassed in emotional distress. 

Emotional distress includes, but is not limited to:

  • Shock
  • Confusion
  • Anxiety
  • Sleeping problems
  • Isolation
  • Sorrow
  • Depression
  • Eating problems
  • Apprehension
  • Humiliation
  • Loss of self-confidence
  • Mental anguish

Some accident victims may develop psychological disorders because of their experience. They may be diagnosed with Post-Traumatic Stress Disorder (PTSD) or clinical depression. If you develop any symptoms of psychological conditions or emotional disorders.

How Do I Prove Emotional Distress for a Personal Injury Case in Baltimore, MD?

Proving emotional distress can be challenging. It is subjective because everyone suffers differently. Two people could be in the same accident but have quite different levels of emotional distress.

Therefore, we look at several factors to evaluate emotional distress. 

Those factors include, but are not limited to:

  • The duration of your recovery. Longer periods of physical pain and multiple medical treatments can create higher levels of emotional distress.
  • The severity of your injuries. Catastrophic injuries and permanent impairments can intensify emotional distress.
  • The cause of your physical injuries. Some incidents are more traumatic. For example, being injured in a fire may have more psychological impacts than being involved in a minor rear-end accident.
  • Clinical diagnosis. Whether a doctor or other medical provider has diagnosed a psychological or mental condition related to the accident and/or your injuries.
  • The presence of physical symptoms. Emotional distress can lead to physical symptoms, including headaches, high blood pressure, ulcers, and severe weight loss.

Evidence proving emotional distress includes medical records and doctor’s notes. Your attorney may interview your family members and friends regarding your emotional state. Photographs of your injuries help document the severity of your injuries.

Creating a pain and suffering journal can also help prove emotional distress. Your journal details how your emotional distress impacts your life, including activities you cannot perform and how your emotions impact your relationships with family and friends.

What Types of Incidents or Accidents Cause Emotional Distress?

Any traumatic event can result in emotional distress. 

Examples of situations and personal injury cases that could lead to a claim for emotional distress include:

Proving emotional distress is only one element of recovering compensation for non-economic damages. You must also prove how much your case is worth.

What Is the Value of an Emotional Distress Claim?

There is no standard formula for calculating how much pain and suffering damages are worth. Unlike economic damages, there is no invoice, bill, or other evidence proving how much emotional distress is worth. Instead, non-economic damages are valued based on the factors in the case.

Factors that impact how much your claim is worth include, but are not limited to:

  • The type and severity of the injuries you sustained
  • The length of your recovery period
  • The type of medical treatments you received
  • Whether you can return to work
  • Your appearance before and after the accident (i.e., disfigurement and scarring)
  • Your ability to care for your personal needs and the needs of your family members
  • How your injuries and mental state impact your relationships
  • Whether you sustained permanent impairments or disabilities
  • The amount of your economic damages

Generally, we use one of two methods for calculating the value of emotional distress and other non-economic damages.

The per diem method involves assigning a daily value for non-economic damages. The per diem is multiplied by the duration of your recovery, which is the number of days between your injury date and the date your doctor releases you from treatment.

The multiplier method is more commonly used to value non-economic damages. A multiplier between 1.5 and give is assigned based on the factors of the case. That number is multiplied by your economic damages. The result is the value of your non-economic damages.

How Do I Receive a Fair Settlement for Emotional Distress?

Insurance companies and defense lawyers downplay emotional distress and non-economic damages. The best way to protect your rights is to consult a Baltimore personal injury lawyer before you accept a settlement offer.

If you have questions about emotional distress or personal injury claims, contact a Baltimore personal injury attorney to schedule a free consultation. 

Contact the Baltimore Personal Injury Lawyer Law Firm of WGK Personal Injury Lawyers Today For Help

For more information contact the Baltimore personal injury law firm of WGK Personal Injury Lawyers to schedule a free initial consultation.

WGK Personal Injury Lawyers
14 W Madison St, Baltimore, MD 21201, United States
(410) 837-2144

WGK Personal Injury Lawyers – Dundalk Office
7329 Holabird Ave Suite 3, Dundalk, MD 21222
By appointment only
(410) 970-3080