Boating accidents can be traumatic and can cause serious injuries, property damage, and even death. In addition to physical injuries, victims of boating accidents may also suffer from emotional distress. Emotional distress refers to the psychological trauma that an individual may experience as a result of the accident.
If you have been involved in a boating accident in Maryland and have suffered emotional distress as a result, you may be wondering if you can sue for damages. The short answer is yes, it is possible to sue for emotional distress after a Maryland boating accident. However, there are certain requirements that must be met to be successful in a lawsuit.
Proving Emotional Distress
To successfully sue for emotional distress, you must first prove that you suffered emotional distress as a result of the boating accident. This can be difficult to do, as emotional distress is not a visible injury like a broken bone or a laceration.
There are two types of emotional distress that can be claimed in a boating accident lawsuit: negligent infliction of emotional distress and intentional infliction of emotional distress.
Negligent Infliction of Emotional Distress
To prove negligent infliction of emotional distress, you must show that the defendant’s negligence caused the accident, and that the accident caused you to suffer emotional distress. This can be done by providing evidence such as medical records, testimony from mental health professionals, and witness testimony.
Intentional Infliction of Emotional Distress
To prove intentional infliction of emotional distress, you must show that the defendant’s conduct was extreme and outrageous and that it caused you to suffer severe emotional distress. This type of emotional distress is more difficult to prove and requires a higher standard of proof.
Damages for Emotional Distress
If you are successful in proving emotional distress in a boating accident lawsuit, you may be entitled to damages. Damages for emotional distress can include compensation for medical expenses, lost wages, pain and suffering, and other related costs.
In Maryland, there is no cap on damages for emotional distress, which means that you can receive full compensation for your losses. However, you must prove that the emotional distress you suffered was severe and long-lasting to receive significant compensation
It is important to note that in Maryland, there is a statute of limitations for personal injury lawsuits, including those involving boating accidents. The statute of limitations for a boating accident lawsuit is three years from the date of the accident. This means that you have three years from the date of the accident to file a lawsuit.
If you miss the statute of limitations deadline, you may be barred from filing a lawsuit and receiving compensation for your injuries and emotional distress. It is important to speak with an attorney as soon as possible after a boating accident to ensure that you meet all legal deadlines.
In addition to proving emotional distress, you must also prove that the defendant was at fault for the boating accident. Maryland follows a modified comparative negligence rule, which means that if you are found to be partially at fault for the accident, your compensation will be reduced by your percentage of fault.
For example, if you are found to be 20% at fault for the accident, your compensation will be reduced by 20%. If you are found to be more than 50% at fault for the accident, you will not be able to recover any compensation
Alpert Schreyer, LLC is a law firm with experienced personal injury attorneys who can help you with your boating accident case in Maryland. Here are some ways that we can assist you:
- Free Consultation: We offer a free consultation where you can discuss your case with an attorney and get an understanding of your legal options. During the consultation, we will listen to your story and provide guidance on how to move forward with your case.
- Investigation: We will investigate the boating accident to determine the cause of the accident and who is at fault. We will gather evidence such as witness testimony, police reports, and medical records to build a strong case.
- Expert Witness Testimony: We have access to experts in the field of boating accidents, such as accident reconstructionists, medical professionals, and mental health professionals, who can provide testimony to support your case.
- Negotiation: We will negotiate with the defendant’s insurance company to get a fair settlement for your case. We will work to ensure that you receive compensation for your medical expenses, lost wages, pain and suffering, and other related costs.
- Litigation: If necessary, we will take your case to trial and fight for your rights in court. We have the experience and knowledge to build a strong case and advocate for you in front of a judge and jury.
At Alpert Schreyer, LLC, we understand the emotional toll that a boating accident can take on you and your loved ones. We are committed to helping you get the compensation and justice that you deserve. If you have suffered emotional distress as a result of a boating accident in Maryland, contact us today for a free consultation.