How Much Can I Sue For Emotional Distress – Sometimes our clients receive hundreds of thousands of dollars in medical bills. They must be reimbursed for the fees. But the greatest damages in personal injury cases are the physical and emotional pain and suffering that accompany the victims’ injuries.
Today, we will look at the average compensation for emotional damages in accident and medical malpractice cases to get a better idea of how much money victims can expect to receive in compensation for this type of unnecessary, but often the most significant damage.
How Much Can I Sue For Emotional Distress
Let’s start with some hard numbers on emotional harm damages nationally, provided by Jury Verdict Research. This category includes cases of emotional distress or post-traumatic stress syndrome.
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What jumps out at you in the numbers? First, they are thirteen years old. I apologize. But I don’t think litigation and settlement values have changed much in the 20 years I’ve been a plaintiff’s attorney. These numbers are likely fair markers in 2023.
Why? The average jury payout is almost always higher than the median award because large verdicts tend to raise the average. So the average settlement payout gets more attention, but statistics focus on the median with data like this.
But the big reason the difference here between the median and the average is so large is because there are two types of emotional injury lawsuits: wrongful death and non-wrongful death.
Defense attorneys believe that the amount of emotional damages in Maryland for elderly victims is lower than for a younger one. This would be true except that we have a cap on non-economic damages in wrongful death cases in Maryland.
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So almost all wrongful death cases will reach the cap for non-economic damages. No defense attorney would argue to a jury that someone’s death—the loss of the time they had left—was worth less than a million dollars. (Nursing home case update: Yes, someone made this argument last week.) “Sentimental losses,” as they’re sometimes called, have tragically the same value in Maryland because of our Stone Age limitation on the right of a jury to assign the value they think most appropriate.
Emotional distress damages are a type of compensation awarded to a plaintiff who has suffered emotional harm as a result of another’s wrongful conduct. An emotional injury case rarely stands alone. Instead, damages for emotional distress are generally awarded for more tangible damages than for medical treatment. There are several types of emotional distress damages that can be awarded in a lawsuit, including:
So what about emotional injury claims in non-death cases? Here are some examples of common emotional injury cases:
The cost ranges from pennies to millions. There is probably no area of case analysis with a more mercurial “dependent” factor than that of immaterial damages. Sometimes emotional damages are the extent of a personal injury case. In other cases, the payout for mental disorders is almost zero. People react differently to the same trauma. The key is how much suffering is endured, whether a reasonable person would endure the suffering as well, and whether the plaintiff’s attorney and the victim can adequately convey that to a jury.
Suing For Emotional Distress: Examples & Potential Damages
In Maryland, the standard for intentional infliction of emotional distress is whether the emotional harm is so severe that no reasonable person could be expected to suffer it.
Intentional infliction of emotional distress is a viable claim in Maryland that allows individuals to seek damages for serious emotional harm caused by intentional or reckless conduct. To succeed in an IIED claim, the claimant must prove that:
The standard for what constitutes “egregious and outrageous conduct” is high and must be beyond all bounds of decency, shocking to the conscience and completely intolerable in a civilized society. Examples of conduct that may meet the criteria to overcome the summary judgment bar to a Maryland judge include physical violence, serious harassment, or threats of harm. Cruel things said in a romantic relationship gone bad are unlikely to cross the bar.
Maryland courts are strict about these lawsuits. The evidence must be well detailed to provide the jury with a basis for calculating damages. Claims for emotional harm also seem to require that there be injury capable of determining intent and that the evidence comes from more than victim testimony. (Our law firm only handles intentional infliction of emotional distress charges in physician sexual assault cases.)
How To Sue For Emotional Distress
This problem can be summarized as follows: emotional pain and suffering personal injury in cases without physical harm is usually a very steep hill to climb. Do not mind me. These can be very serious cases under the right circumstances, again often involving sexual assault. But most cases fail.
In Maryland, you can sue for all of your economic losses and suffer up to the Maryland non-economic damages limit. (There is separate cover for malpractice cases.) So you can claim up to the limit for pain and suffering plus any financial losses you have.
You no longer sue for a set amount in personal injury or wrongful death cases in Maryland, you may still see the Baltimore Sun reporting a $100 million lawsuit, but it’s from lawyers who want of attention. Maryland law specifically says not to put a value on what we call an ad damnum clause.
My law firm handles serious personal injury cases. If you have been injured due to negligence, call us today at 410-779-4600 or get a free online consultation. This includes not only long-term physical effects, but also long-term psychological effects. The mental and emotional aftermath of an accident or injury can last for years – if not the victim’s entire life.
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Similar to post-traumatic stress, pain and suffering, and other forms of non-economic loss, accident victims can seek fair compensation under Florida law. The amount that personal injury victims can recover depends on the severity of their condition and its impact on their daily lives.
It is not easy to get financial compensation for emotional distress. Not only do you have to prove that you are entitled to financial compensation, but you also have to prove
“Emotional distress” is the legal term for the psychological consequences of living through a traumatic accident. Traumatic accidents affect different people in different ways, and some accident victims will suffer more severe emotional distress than others.
When suffering emotional distress, accident victims can experience a wide range of effects. Some of the most common effects of emotional distress (also called “mental distress” and “emotional trauma”) include:
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Anyone who experiences any of these symptoms after a serious accident should seek help immediately. Although it can feel difficult—perhaps even impossible—to move on, a doctor who specializes in helping trauma victims can help you get back to your normal life.
Under Florida law, trauma victims can seek financial compensation after all types of accidents. If you have been seriously injured in circumstances where another person or a company may have been at fault, you may be entitled to compensation.
Florida residents can also seek financial compensation in cases of medical malpractice and nursing home negligence. Regardless of what happened, if you are suffering emotionally from the effects of any type of trauma, you should consult an attorney about your legal rights.
As for the amount of compensation you can recover, as mentioned above, it depends on your individual circumstances. The amount you can recover depends on the personal losses you have suffered.
Intentional Inflection Of Emotional Distress Claims In Maryland — Maryland Lawyer Blog
Of course, unlike the cost of your medical care and your lost wages, you can’t simply “fix” your emotional distress. Additionally, because everyone’s situation is different, there is no specific dollar amount that can be applied.
Instead, calculating fair compensation for emotional distress requires a comprehensive assessment and detailed understanding of the effects of your accident. Next, reasonable compensation will be determined in accordance with Florida law.
Are we talking tens of thousands, hundreds of thousands or millions of dollars? Again, we can’t really say. All of these are possibilities when justified by the circumstances presented. When you begin treatment, your attorney will work with your doctor to evaluate your claim and determine how much compensation you should seek.
All of this may seem overwhelming. For now, all you need to focus on is the first step: Contact an attorney to discuss your legal rights.
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An experienced personal injury attorney can provide individualized legal advice based on your unique circumstances. If you are entitled to financial compensation for emotional distress, your attorney can do what is necessary to seek a favorable recovery on your behalf.
It can be difficult to know what fair compensation is after suffering injuries caused by someone else. Your primary concern at this point should be physical and mental recovery, not the complexity of a legal issue.
The personal injury attorneys at Colling Gilbert Wright have extensive experience representing people who have been injured through no fault of their own.
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