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When someone we know and care about is in a car accident, we automatically consider any physical injuries. This is not a bad first thought, as injuries are sustained daily from car accidents. However, emotional distress in a Maryland car accident can be just as debilitating and last a lifetime. A victim of a car accident may experience distress in many forms. You may experience financial distress from an inability to work. If we can prove that you are suffering emotional trauma from this in particular, it is compensable. Below, we will discuss the common symptoms of emotional distress that need to be watched out for. Almost any symptom is compensable but must be related to your doctor. This is the part that sometimes gets lost. Here, we will explain it in an easy-to-understand manner.
There are two main categories of compensation in a personal injury claim. The first is economic damages. This covers your medical expenses and any wage loss, past or present. Emotional distress in a Maryland car accident falls under the noneconomic or general damages category. Understanding what constitutes emotional distress is critical so you can include it in your claim. Of course, our attorneys are happy to explain how this concept applies to the unique facts of your case.
We know that every case is different and that this has a real impact on individuals. That is why, in every case, we take the time to understand how this claim has impacted you. For example, in many cases, a plaintiff can no longer participate in their recreational sports league on the weekend. This is a loss of enjoyment of life. While your doctor may not include that in your medical records, we can include it in your claim so long as your doctor writes that you cannot participate in that type of sport.
Everyone understands how the symptoms manifest themselves for physical injuries because we have all been injured to some degree at some point in our lives. This distinction is important because a jury can relate to it at trial. Common symptoms include persistent feelings of anxiety or panic, especially when thinking about or being near vehicles. To prove these symptoms, a court requires that you be diagnosed with these feelings. Lawyers for both sides will read through your medical records to determine whether the doctor relates your treatment to the accident. We will also read whether any diagnosis has a causal relation to your car accident.
Depression is another common symptom of emotional distress. However, this symptom is generally baked into the standard pain and suffering claim. There is no question that an injury can affect you mentally.
A symptom like depression is not uncommon. However, if your depression is truly debilitating, we can include that as additional damage and independent noneconomic damage. You may wish to seek treatment for this emotional distress. If you do, you must inform your doctor as to the culprit of your depression. If your doctor determines, within a reasonable degree of medical certainty, that your emotional distress is from a Maryland car accident, then your depression is compensable. The exact amount you are entitled to for your depression will ultimately depend on how a jury interprets you, the facts of your case, and your distress. This is taken on a case-by-case basis, and there is no formula for it as there is for economic damages.
Post-traumatic stress disorder, or PTSD, is among the most common emotional distresses in a Maryland car accident. This can cause flashbacks, nightmares, and severe anxiety related to the traumatic event. We use at least two pieces of evidence to establish that you have PTSD at trial. The first is a formal diagnosis by your doctor. If you regularly visit a psychologist or psychiatrist, they can attest to your condition based on a reasonable degree of medical certainty. It is highly compelling for a jury to hear a diagnosis from a doctor or specialist. Of course, the defense may counter this by hiring their expert witness, in this context a doctor, to testify that it is improbable that you could have gotten PTSD from a car accident. Whichever witness has more credibility will be important in which direction the jury sways.
The second piece of evidence to establish your PTSD is your testimony. No one knows your story as well as you. Moreover, while a doctor convinces a jury due to their expertise in the field, no testimony has as high a ceiling as yours. While there is some debate among personal injury lawyers about whether it is a good idea to put their client on the stand, it has the potential to make or break your case. You can tell the story with more emotion than anyone. While a doctor with an impressive resume is undoubtedly compelling, a layperson may lose interest in their testimony after a while due to the complexity of their testimony. Meanwhile, emotion draws the listener in. This is vital when convincing the jury of our argument.
We evaluate emotional distress based on how we believe a jury would value your emotional distress in a Maryland car accident. Unlike economic damages, which are precise, emotional distress is an intangible, imprecise injury. Whether it is PTSD, depression, anxiety, or any other emotional distress, we must consider how a jury would view and value your claim. We do this by considering several factors. First, we must consider how credible you are as a plaintiff. If we put you on the stand and a jury decides you are not credible, you may not receive much compensation if we can establish liability. A prudent attorney may refuse to put you on the stand in such a case. The second factor we consider is the county we are in. One county in Maryland may value emotional distress in a Maryland car accident drastically differently than the next county of jurors. While there is no rule that the counties abide by, this tends to be consistent.
Our firm has successfully handled thousands of car accident cases in Maryland. During that time, we noticed a clear trend and understood that the value of your claim in one county differed from that in another. Accordingly, if possible, we will always look to file suit in the preferable county. A third factor to consider is the extent of your emotional distress. Particularly if it manifests in physical symptoms, that will be far more convincing to a jury who may be skeptical of symptoms they cannot see.
A fourth factor we consider when evaluating the value has nothing to do with your emotional distress but the ease of proving liability. Anything can happen at trial. There are countless stories of lawyers losing cases they should have won and winning cases they had no business winning. That is human nature; it is unpredictable. Accordingly, we must hedge the value to a certain degree in settlement negotiations. If liability is clear, we can greatly value your emotional distress. Meanwhile, we must hedge our bets if liability is convoluted and relies on unreliable eyewitnesses or we have little evidence.
Our attorneys can assist with emotional distress in a Maryland car accident. Contact our office today for a free case evaluation and consultation at (202) 331-7227.
Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.