The physical injuries from a car crash are often not the only harm that Maryland car accident victims experience. State law allows victims to seek compensation for emotional distress as part of a car accident claim, but limitations may apply to the total amount they may be able to recover. These factors can make it beneficial for injury victims to seek guidance from an experienced car accident lawyer to pursue full and fair compensation for what they endured.
What Counts as Emotional Distress in Maryland?
Emotional distress is a type of non-financial, personal loss that a person suffers after an injury. It falls under a broader category of non-economic damages known as pain and suffering. Emotional or psychological distress from a car accident may include symptoms such as:
- Emotional suffering, including intense feelings of depression, anxiety, or post-traumatic stress disorder (PTSD) related to the car accident
- The long-term emotional effects of a physical impairment or disability
- Emotional effects of permanent disfigurement and scarring, such as embarrassment, humiliation, anxiety, and depression
- Loss of quality of life
How Is Emotional Distress Proven in a Car Accident Claim?
A car accident victim may seek compensation for emotional distress and mental anguish by presenting various kinds of evidence. Examples include:
- Medical records to document injuries, treatment, and personal complaints of physical pain or limitations
- Mental health treatment assessments and therapy records
- Statements from treating medical and mental health providers
- Testimony from family members, friends, and co-workers about how the crash impacted their lifestyle and emotional well-being
- Testimony from the car accident victim about how the car accident and their injuries have affected their life
Why Proof Matters in an Emotional Distress Claim
Seeking compensation for emotional distress is generally more complicated than building a claim for economic damages, such as medical expenses and lost wages. Those losses can be substantiated with concrete evidence such as bills, invoices, receipts, and other financial documents.
By contrast, emotional distress does not involve that same kind of objective proof. Proving an emotional distress claim in a personal injury case requires evidence of the effect of an accident and resulting injuries on a crash victim’s mental health and quality of life.
Important note: You do not necessarily need to have suffered a physical injury to obtain compensation for emotional distress. Historically, Maryland courts have recognized that victims may recover when the distress can be objectively shown and caused by the at-fault party’s negligence. Most recently, the state appeals court ruled that pre-impact fright — fear caused by a person’s recognition of an oncoming collision — may be compensable, depending on the circumstances. Smith v. Sheehan, No. 2417, Sept. Term 2023 (Md. App. Ct. Aug. 27, 2025).
Does Maryland Cap Emotional Distress Damages?
Yes. Maryland law does impose a cap on the amount of compensation that a person injured in a car accident can recover for non-economic damages like emotional distress. The law established a $500,000 cap beginning in October 1994, with automatic increases of $15,000 every October 1.
Contact Trollinger Law LLC for a Free Consultation
If you experienced emotional distress after a car accident in Maryland, you deserve full compensation for everything you endured. Let a Maryland car accident lawyer from Trollinger Law LLC support you. Our personal injury lawyers provide client-centered legal representation and tailored strategies that put your needs first. Call or contact us today for a free consultation.
