Tort Negligence Liability For Psychiatric Damage In Maryland
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FAQ
First, there exists a garden variety emotional distress claim where you assert the claim but do not need to find and obtain a medical opinion by a therapist or psychiatrist. Generally, these claims are worth $30,000-$50,000.
In order for a plaintiff to win a lawsuit for emotional distress (or mental anguish), he must prove that the defendant's conduct was ``extreme and outrageous,'' and that he suffered severe emotional distress that is generally accompanied by physical symptoms. Hurt feelings or embarrassment are not actionable.
Intentional infliction of emotional distress (IIED) is a legitimate claim in Maryland, albeit a difficult one to prove. In order to prove IIED, you must show that the conduct was intentional or reckless, was extreme and outrageous, and that the conduct caused you to be severely disabled by the distress.
Overview. Intentional infliction of emotional distress (IIED) is a tort that occurs when one acts in a manner that intentionally or recklessly causes another to suffer severe emotional distress, such as issuing the threat of future harm.
Intentional infliction of emotional distress (IIED) is a legitimate claim in Maryland, albeit a difficult one to prove. In order to prove IIED, you must show that the conduct was intentional or reckless, was extreme and outrageous, and that the conduct caused you to be severely disabled by the distress.
The tort of intentional infliction of mental suffering goes by many names - intentional infliction of emotional harm, intentional infliction of emotional distress and so forth. Basically, this tort involves intentionally causing severe emotional harm to another individual.
In claims of negligently inflicted psychiatric illness, the plaintiff's reaction to a traumatic event is usually measured against a standard of normal susceptibility and disposition. This measurement is used to determine the question of whether the defendant should have reasonably foreseen the plaintiff's injury.
Negligent actions by government agencies or employees that lead to emotional distress can also form the basis for a lawsuit. For example, if a government agency fails to provide adequate security measures, resulting in a traumatic event and subsequent emotional distress, a claim may be viable.
Maryland law does not recognize the independent tort of negligent infliction of emotional distress. But emotional distress is part of the plaintiff's damages in any case where there is an underlying tort, such as negligence.
Provide as much detail as possible. Provide all related supportive documentation: Include all receipts, two appraisals or repair estimates, proof of ownership (if property damage is claimed), photographs, and medical documents or records, as well as police, incident or witness reports (if applicable).
