A Look at Emotional Distress Claims After a Car Accident

Emotional Distress Claims After a Car Accident

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You may already know that you may be entitled to receive compensation for physical injuries sustained in a car accident. But did you know that an accident attorney may also secure compensation for your psychological injuries? When you consult a personal injury attorney serving Baltimore, be sure to inform him or her of all of the losses and problems that have occurred because of your accident.

Claims for Emotional Distress

An accident attorney may file a claim for compensation of emotional distress that may have been unintentionally or intentionally inflicted. In some cases, if the accident lawyer can prove that emotional distress was intentionally inflicted, you may be entitled to receive substantially greater compensation. An example of the intentional infliction of psychological injuries is when an individual is the victim of a driver engaged in acts of road rage.

Extent of Emotional Distress

When your attorney at law is preparing your claim, it is helpful if you can explain the extent of your psychological injuries. Any car accident or injury, whether minor or major, has the potential to inflict a certain degree of mental anguish. If your emotional distress was so severe that it interferes with your normal daily function, you have a better chance of recovering compensation. For example, consider whether your mental state after the accident has prevented you from going to work, caring for your family, or caring for yourself.

Proof of Emotional Distress

It can be difficult to prove emotional distress. One way your accident attorney may substantiate your claim is through the use of your medical records. Let your lawyer know if you have sought medical treatment, psychological counseling, or another type of care for your emotional distress. You might also keep a daily record of the severity of your psychological symptoms and the extent to which they reduced your quality of life.

Compensation for Emotional Distress

When filing your claim, your accident attorney may seek compensation for your anxiety, fear, depression, sleep loss, and similar problems. Maryland, like many other states, has damage caps that apply to personal injury lawsuits. This means that the total amount you might recover for your claim is limited. Since the limit on pain and suffering damages can be affected by new legislation, it’s best to ask your attorney at law about the current damage caps.