The Maryland Appellate Court has recently held that pre-impact fear and fright is something for which compensation can be recovered in Maryland car accident cases. In general, victims of negligence and wrongdoing by other drivers who cause accidents can recover compensation for all forms of damages. Forms of damages include:

• Medical expenses
• Lost wages
• Pain and suffering
• Emotional distress and suffering
• Disfigurement
• Loss of normal life
• Loss of limb
• And more

Based on the recent case of Smith v. Sheehan, 342 A. 3d 455 (Md. Appellate Court 2025), a new form of damages can be claimed: damages for fear and anxiety resulting from an impending impact/crash. The law in Maryland had always recognized that damages for pre-impact fear and anxiety could be recovered. But, generally, such damages were limited to wrongful death cases or double-crash-impact cases. With the Smith case, it is now recognized in Maryland that pre-impact fear and anxiety damages are available for single-impact car crash cases and for cases not involving fatalities. If you have been the victim of an auto accident in Calvert County, Maryland, contact us here at the Law Office of Robert Castro. We are top-rated Maryland car accident lawyers. Call us at (301) 870-1200 or use our contact page. We have offices in Waldorf, Maryland and provide car accident legal services for all communities in Calvert County, Maryland.

The Smith case involved a double-crash-impact accident that happened on a snowy morning in January 2021 on State Route 83 North. The crash started when the victim’s car was struck by the defendant’s white van, which was “driving really fast” according to witnesses. The van struck the victim’s car in the rear, causing the car to spin in the snowy, slushy conditions. The spinning of the victim’s car ended with a second crash impact against the roadside guardrails.

At trial, the victim, Damali Smith, sought to recover damages for fear and anxiety related to the second impact. Smith testified that, after her car began to spin, she felt fearful and was afraid of what was going to happen to her.

Procedurally, the case involved jury instructions. Smith’s lawyers asked the trial court to give an instruction to the jury explaining how compensation could be recovered for the fear and anxiety felt by Smith leading up to the second impact. However, the judge refused to give that particular instruction to the jury.

On appeal, the Maryland Appellate Court reversed, holding that the trial judge committed an error in refusing to give the requested instruction to the jury. The court held that damages could be recovered for pre-impact fear and anxiety related to the second impact. Moreover, the court went further and explicitly held that such damages could be obtained related to the first impact. The case was returned to the trial court for new proceedings.

Contact Waldorf, MD, Personal Injury Attorney Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers.  Our address is 11701 Central Avenue, Suite 200, Waldorf, MD, 20601.