Attorney Adams is absolutely correct. We are in no position to state an opinion on the value of your case. Moreover, any such determination would be fact-specific and you have not provided any specific facts. If you are considering bringing a suit for PTSD, I suggest that you consult with an attorney who specializes in such matters from your area.
Disclaimer: This answer does not constitute legal advice. I am admitted in the state of California only and make no attempt to opine on matters of law that are not relevant to that state. This advice is based on general principles of law that may or may not relate to your specific situation. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.
I am licensed in Nevada, but this answer should apply in Maryland as well.
What actions did the person take in creating the hostile situation? Did he waive the gun around? Fire it in general? Fire it in your direction? Were there verbal threats? Was there any physical contact? Will a Jury believe that these actions led to a reasonable fear? If not, then there should be no award?
While we cannot give a valuation to your case at this point - and no one can tell you what a Jury will award at any point before the Jury has made its decision - we can tell you what a Jury may consider in rendering a verdict.
One of the factors is the severity of the stress. Have you or will you need psychiatric or psychological care to cope with the stress? Have you or will you seek any other form of counselling to cope with the stress?
Has there been any physical manifestations due to the stress such as nausea/vomiting or hives?
How long has the stress gone on and has it gotten better on its own or with counseling or other care?
Have you had to resort to medications to cope with the stress? If so, are they prescribed by a doctor or street drugs or alcohol?
Did you miss work due to the stress? If so, how much time was missed, was it done at a doctor's suggestion and what caused the lost income (nervousness or physical manifestations)?
As you can see, there is a lot to consider. If you were scared for a short period of time and that fear went away when the person was removed from your presence, there would be little value to the case. If, on the other hand, the fear remained and required treatment and medications and a doctor could link your physical and/or emotional manifestations to the event(s), then your case has much more value. If the person is still free and around you (as opposed to in jail or otherwise distant from you), this could effect the amount of fear that is reasonable.
Hope this helps.
/s Donald Kudler
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