Yes. Victims can seek compensation under some circumstances if they have suffered emotional distress due to the reckless and negligent actions of another driver on Maryland’s highways. Further, emotional distress claims are not uncommon since, after all, driving accidents are often violent and traumatic, particularly if physical injuries also occur.

Generally speaking, an accident victim here in Calvert County, Maryland, can claim compensation for any and all forms of damages that can be proven. Medical/hospital bills and lost wages are examples of common forms of damages that are claimed following motor vehicle accidents in Maryland. Emotional distress is another category of compensation and is readily paid where the emotional distress can be medically linked to a physical injury or is otherwise capable of objective determination. Emotional distress may manifest as particular diagnoses such as anxiety, depression, post-traumatic stress disorder, feelings of dread about being present in a car, etc. More specifically, victims may experience panic attacks, sleeplessness, nightmares, inability to eat normally, nausea, digestive pains, nervousness and physical anxiety, elevated heart rates, and more.

As noted, compensation for a Maryland auto accident can only be paid if damages are proven. So, it must be shown that the emotional distress being suffered was caused by the accident. The legal process of proving fault and causation is legally complex and, as such, victims will benefit from hiring experienced Maryland car accident attorneys like the ones at the Law Office of Robert Castro. Use our contact page or call us at (301) 870-1200. We are your “go-to” auto accident lawyers for Calvert County, Maryland. We have offices in Waldorf, Maryland.

Proving emotional distress following a Calvert County car accident means proving the elements of negligence. These elements are: duty, breach, causation, and damages/injury. Breach of duty is usually shown by showing that the responsible party was careless or had violated applicable traffic laws. Everyone has a duty to be careful and obey traffic laws.

Proving causation and the actuality of the emotional distress involves showing that the accident caused a traumatic physical injury, which also resulted in emotional trauma/distress. The types of evidence that might be used to help prove emotional distress include photos and other evidence of the crash scene. Maryland courts have highlighted how the physical evidence from the scene of the crash can prove fear, anxiety, and emotional trauma related to the accident. In one case, for example, 71 feet of tire skid marks was evidence from which a jury could conclude that there was fear and emotional trauma leading up to a crash impact. Other evidence that might help prove emotional distress includes:

• Medical records from hospitals and other physical care facilities
• Medical records from mental health facilities
• Opinions and other statements from treating physicians (both physical and mental health)
• Testimony from the victim about the emotional distress
• Victim’s daily diary notes
• Testimony from friends and family about observable signs of emotional distress
• And more

If you have experienced emotional distress following a Calvert County car wreck, call us. We might be able to help.

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.