Several U.S. states recognize something called intentional infliction of emotional distress. This tort provides a financial remedy to individuals who have suffered due to the egregious behavior of another person.

While Maryland recognizes the tort of intentional infliction of emotional distress, it’s not necessarily easy to prove. If you think you have a claim that fits the elements of this type of claim, you should retain a skilled Maryland personal injury attorney like The Law Offices of Robert Castro.

Emotional Distress in Maryland

In many cases, emotional distress is lumped in with pain and suffering. Accidents can lead to all sorts of mental trauma, including depression, anxiety, loss of self-confidence, stress, and more. To recover any financial compensation for emotional distress under Maryland law, you will need to show that there is some physical manifestation of your mental suffering. This means you need to have some physical effects that have resulted from your emotional trauma.

Your medical records alone are not sufficient to prove emotional distress, but they can set the stage for a better understanding of your case and how it led to physical injuries. This could have been through the intensity of your emotional trauma, how it caused other bodily harm, and how the duration affected your emotional well-being.

In most cases, your personal injury attorney will look to retain a noted expert who can provide testimony or written opinions on emotional distress. You need someone who can make the connection between emotional distress and your physical injuries.

Difference Between Intentional and Negligent Infliction of Emotional Distress

On one hand, a claim of “intentional infliction of emotional distress” arises when someone’s conduct is so outrageous and extreme that it intentionally or recklessly causes another person to suffer severe emotional trauma. Maryland recognizes intentional infliction of emotional distress as a valid tort, but courts require clear and convincing proof that the conduct was especially egregious.

On the other hand,  a claim for “negligent infliction of emotional distress” allows recovery when emotional harm results from another party’s careless conduct. However, Maryland does not recognize negligent infliction of emotional distress as a standalone cause of action. Instead, emotional distress may be compensable if it accompanies a physical injury or is part of damages in another actionable claim.

Elements of Intentional Infliction of Emotional Distress

There are four basic elements that you must prove to make a successful intentional infliction of emotional distress claim.

These are:

• The other party’s conduct was reckless or intentional
• The other party’s behavior was outrageous and extreme
• The other party caused your emotional distress
• You can prove you suffered severe emotional distress

To prove the defendant’s behavior was reckless or intentional, you have to show the other party intended to cause you harm and was certain, or substantially certain, that you would suffer emotional distress from his or her behavior. This type of emotional distress would result in documented severe depression, sleeplessness, physical injuries, and more.

For a court to find that the defendant’s conduct was outrageous and extreme, it has to extend beyond the bounds of normal decency. This is behavior that is atrocious and utterly shocking to a reasonable person. In Hamilton v. Ford Motor Co., 502 A.2d 1057, 1064 (Md. 1986), the court said that emotional stress must “completely violate human dignity.”

Examples of intentional infliction of emotional distress do not necessarily fit a particular profile. What causes severe emotional distress in one individual may not have the same effect on another.

Emotional Distress in Cyberbullying and Harassment

One of the most recognizable actions that could fall under this tort deals with cyberbullying. According to the Pew Research Center’s study on online harassment and cyberbullying, 73% of all adult internet users have been harassed online.

Under Pew’s study, harassment focuses on six behaviors:

• Offensive name-calling,
• Attempts to purposefully embarrass another,
• Physical threatening,
• Sexual harassment,
• Harassment over an extended period of time, and
• Stalking.

The study also acknowledges the extent to which this type of harassment can lead to emotional distress and fear by the victim; for more minor harassment like offensive name-calling and purposeful embarrassment, 27% of those who experienced these forms of harassment felt that the experience was extremely or very upsetting. A larger majority of people felt that it was extremely or very upsetting when the harassment was more aggressive through physical threats, sexual harassment, and stalking.

How Emotional Distress Claims Work in Personal Injury Cases

Emotional distress is often a component of damages in broader personal injury claims, such as those arising from auto accidents, assaults, cyberbullying, harassment, or other incidents involving wrongful conduct. In Maryland, plaintiffs may seek compensation for emotional suffering, but they must typically demonstrate that the distress resulted in observable physical symptoms or required professional treatment.

Examples of evidence supporting a claim for emotional distress include:

• Documentation of prescribed medication for psychological symptoms
• Medical diagnoses linking emotional trauma to physical health problems
• Treatment records from mental health professionals
• Testimony from medical experts establishing the impact and severity of the distress

It is not enough to simply state that an incident was emotionally upsetting; it must be substantiated. Maryland law requires proof that emotional suffering is severe enough to affect day-to-day life, health, or well-being.

​​Does Maryland Have a Cap on Non-Economic Damages?

Maryland is a state that has a statutory cap on non-economic damages. This means that regardless of how well you can prove your injuries and the severity of the accident, there is a maximum amount you can recover in cases involving Maryland accidents.

When the law was enacted, the initial ceiling was $650,000. This included pain and suffering, emotional distress, and any other damages that fall under “non-economic.” This amount has gradually increased each year, and the current cap for 2019 is $860,000. This does not apply to medical bills, loss of earnings, car repairs, or other similar expenses. This cap only applies to your non-economic damages.

Maryland’s Statute of Limitations for Intentional Infliction of Emotional Distress Claim

In Maryland, the statute of limitations for filing a claim of intentional infliction of emotional distress is generally 3 years from the date the cause of action accrues.

It is crucial for anyone considering this type of claim to be aware of this deadline. If a claim is not filed within 3 years of the alleged incident or discovery of harm, the court will typically bar the claim, and you may lose your right to seek compensation.

In rare cases, such as where the harm was not immediately discoverable, the “discovery rule” may apply, and the time limit could be extended. However, this is uncommon and should be discussed with an attorney.

Retaining a Maryland Personal Injury Attorney

Claims for intentional infliction of emotional distress are among the most challenging to prove in Maryland. Success depends on compelling evidence, expert testimony, and a detailed understanding of both statutory law and judicial precedent.

If you have a claim that you think qualifies as intentional infliction of emotional distress, contact the Law Offices of Robert Castro. These types of torts could lead to serious consequences, especially if a minor is involved. Call our office or use the Contact Us form to schedule a consultation and let us help determine if you have a cause of action for intentional infliction of emotional distress.