Legal Question in Personal Injury in Maryland
suing for mental stress
Are there any cases won in this state -or presented -tort-against a party for mental stress ?
1 Answer from Attorneys
Re: Suing for Mental Stress
In one case, the court determined that the general trend in the law had been toward granting awards for mental injury where the injury is/was capable of objective determination. The court held that further proceedings were necessary to determine whether the claimant in fact suffered such psychological reaction from the accidental injury sufficient to qualify as a compensable accidental personal injury. Belcher v. T. Rowe Price Found., Inc., 329 Md. 709, 621 A.2d 872, March 25, 1993.
For most cases, Maryland law requires, among other things, that the injury be demononstrated by some objective evidence. Evidentiary matters are best left for an attorney to consider in light of your matter.
Your question is quite vague. The relevant inquiry is whether you seek recovery for mental stress or psychological injury, whether the stress is ordinary or excessive, whether it was intentional or negligent, the degree of malice involved, whether causation can be properly proven, the context of the stress or injury (for example, caused by an employer, caused by a doctor, caused through damage to property, etc. and the relevant situation), the degree of disfunction associated with the stress or injury, and many other matters.
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