What Is Considered Emotional Distress?

Emotional distress is a state of mental suffering or anguish brought on by an incident, injury, or situation. Various experiences can lead to emotional distress, such as trauma, stress, or adverse life events. Emotional distress can manifest in numerous ways, both psychologically and physically.

What causes emotional distress?

• Trauma: Physical or emotional trauma, such as an accident, abuse, or a natural disaster
• Stress: Chronic stress from work, relationships, financial issues, or major life changes
• Grief: Loss of a loved one or other significant loss
• Conflict: Interpersonal conflicts, bullying, or harassment
• Health issues: Chronic illness or a significant health diagnosis

Symptoms of emotional distress

Here are some common signs and symptoms of emotional distress:

Psychological symptoms

• Anxiety: Excessive worry, nervousness, or fear
• Depression: Persistent sadness, hopelessness, or a lack of interest in activities
• Irritability: Increased frustration or anger
• Cognitive impairment: Difficulty concentrating, making decisions, or remembering things
• Sleep disturbances: Insomnia or excessive sleeping
• Emotional outbursts: Uncontrolled crying, rage, or other intense emotional reactions
• Isolation: Withdrawal from social interactions and activities once enjoyed
• Mood swings: Rapid changes in emotional state, e.g. happy and sad

Physical symptoms

• Fatigue: Constant tiredness not relieved by rest
• Headaches: Frequent or severe headaches
• Muscle tension: Stiffness or pain, often in the neck, shoulders, or back
• Digestive problems: Upset stomach, nausea, or other gastrointestinal issues
• Changes in appetite: Significant increase or decrease in appetite
• Heart palpitations: Rapid or irregular heartbeat

How is emotional distress treated?

Recognizing emotional distress is crucial for seeking appropriate help and improving mental well-being. Emotional distress is typically treated in the following ways:

• Therapy: Cognitive-behavioral therapy (CBT), psychotherapy, or counseling
• Medication: Antidepressants, anti-anxiety medications, or other prescriptions
• Self-care: Exercise, meditation, hobbies, and maintaining a support network
• Stress management: Techniques such as time management, relaxation exercises, and healthy lifestyle choices

If you or someone you know is experiencing severe or prolonged emotional distress, it is important to consult a healthcare professional.

Is emotional distress considered a personal injury in Maryland?

Personal injury law encompasses a broad range of injuries, including both physical and psychological harm. Emotional distress refers specifically to the mental suffering or anguish that a person experiences due to an incident, which can be grounds for a personal injury claim.

How is emotional distress proven?

Proving emotional distress in a personal injury case can be challenging because it involves demonstrating the mental suffering a person has endured due to an incident. However, several strategies and types of evidence can be used to establish emotional distress:

• Medical records. Medical documentation from mental health professionals, such as psychologists, psychiatrists, or counselors, can be crucial. These records should detail diagnoses, treatments, therapy sessions, and prescribed medications. They help to show that the emotional distress is genuine and has been significant enough to require professional intervention.
• Expert testimony. Testimony from mental health experts who have treated or evaluated the plaintiff can provide authoritative insights into the severity of the emotional distress. These experts can explain the psychological impact of the incident on the plaintiff and how it has affected their daily life and functioning.
• Personal testimony. The plaintiff’s own testimony about their experiences can be powerful. They can describe how the distress has affected their emotions, relationships, work, and overall quality of life. Personal journals or diaries documenting their feelings and experiences post-incident can also be valuable.
• Witness testimony. Testimonies from friends, family members, colleagues, or other individuals who have observed changes in the plaintiff’s behavior and emotional state can corroborate the plaintiff’s claims. They can provide evidence of how the plaintiff’s distress has manifested in real life.
• Behavioral evidence. Evidence showing changes in the plaintiff’s behavior and lifestyle can support claims of emotional distress. This might include:
  • Decline in work performance or attendance
  • Withdrawal from social activities
  • Changes in daily routines or habits
• Physical symptoms. Physical manifestations of emotional distress, such as headaches, gastrointestinal issues, sleep disturbances, or other health problems that have been documented by healthcare providers, can be linked to emotional suffering.
• Duration and intensity. Demonstrating the duration and intensity of the emotional distress is important. Evidence that the distress has persisted over a significant period and has been particularly severe can strengthen the case.
• Causation. It is crucial to establish a direct link between the incident and the emotional distress. Evidence should show that the emotional suffering is a direct result of the defendant’s actions or negligence. This can involve detailing the timeline of events and showing how the distress began or worsened following the incident.
• Documentation. Details and documentation of the incident itself, including police reports, accident reports, and any other official records, can provide context and support the plaintiff’s claims of emotional distress.

How much compensation can be recovered for emotional distress in Maryland?

The amount of compensation that can be recovered for emotional distress varies widely and depends on several factors, including the severity of the distress, the impact on the plaintiff’s life, the jurisdiction, and the specifics of the case. Consulting with an experienced Maryland personal injury attorney can provide a more accurate estimate, although it is impossible to provide a precise amount.

At Plaxen Adler Muncy, P.A., our Maryland injury lawyers help victims recover the compensation they need and obtain the care they deserve. We are one of the most widely recognized personal injury law firms in Maryland and have focused our efforts exclusively on injury law for more than three decades. To schedule your free initial consultation with one of our attorneys, please call or fill out our contact form today.