Legal Question in Personal Injury in Maryland

Re: Sueing for Emotional Distress

You should have already contacted your insurance company to assist you with defense of the accident. Insurance companies have an obligation to defend you up to the amount of coverage that you carry. Based on the circumstances as you describe, the other driver does not appear to be significantly injured. Do not delay with obtaining legal assistance whether through your automobile insurer or private attorney.

Re: Sueing for Emotional Distress

Actually, since you were the one who caused the collision, do you think the jury would think it particularly odd or unusual that she "cussed you out" a little at the accident scene?

Under the circumstances you describe, the jury might regard your lawsuit as frivolous or perhaps fraudulent. Also, the lady's reaction, if it resulted in your driving less, might be viewed by the jury as a "positive," since the less you drive, the less havoc you can wreak upon other citizens who happen to be sharing the roadway.

Have you considered the possibility that your feeling of being "nervous" while driving now, is caused by your own guilt, and perhaps by nervousness that you will cause another accident?

You are too focused on being "wronged" by this other person, when it is obvious from your question that it was YOU who were in the wrong in the first place, by causing the auto accident.

She reacted in a natural, if quite rude, manner, and now you want to use the legal system to retaliate? Please. That's chutzpah to the Nth degree.

Obviously, you are perfectly free to sue whomever you want, if you think you have the facts to back up your lawsuit. Be very aware that if your lawsuit is frivolous or fraudulent, however, that you could be counter-sued, and if you lose, might have to pay the other lady's compensatory damages as well as attorney's fees. If you acted with actual malice, i.e. with an intent to harm this lady by filing your lawsuit, you could also face punitive damages.

So you have lots to think about.

Re: Sueing for Emotional Distress

Based on what you are saying, you can pursue any claims for injuries and damages arrising from the car accident itself, if you were not at fault. Using bad words and yelling alone is usually not "outragious" enough to give rise to an "intentional infliction of emotional distress"(IIED) claim. Also for the IIED requires that emotional distress be severe, which means you can't function. In Maryland IIED is very difficult. If the accident was not your fault and you were physically injured, please call my office at (301) 279-8773 to schedule an initial intake/consultation.

Note, this is not "legal advice" which requires detailed case-by-case analysis and an in-person confidential consultaion.