Did you suffer injuries from an accident for which you were not to blame?
While physical injuries present themselves readily for documentation, emotional trauma remains less visible but equally serious. People often overlook the fact that emotional distress damages hold the same legal standing as physical injury claims in personal injury cases. An excellent Calgary personal injury lawyer can be crucial in helping you secure these damages, which are often overlooked but can significantly impact your compensation.
The pain from emotional trauma can occasionally exceed the hardship of physical damage. You can find solace in knowing that the legal system acknowledges this truth while offering multiple pathways to justice.
Below, we explain all the essential information about emotional distress damages including their definition, calculation methods and steps to build a compelling claim to secure deserved compensation for your physical and emotional trauma.
What You’ll Discover:
- What Are Emotional Distress Damages?
- Types of Emotional Distress Claims
- How to Prove Emotional Distress
- Calculating Emotional Distress Damages
- Real-World Examples of Emotional Distress Compensation
- Working with a Personal Injury Lawyer
What Are Emotional Distress Damages?
In personal injury cases courts award emotional distress damages to compensate individuals for the psychological effects stemming from an injury or traumatic event. The recognition of these damages shows that accidents result in substantial mental and emotional suffering beyond physical injuries.
The ways emotional distress presents itself include symptoms such as anxiety and persistent fear among others.
- Anxiety and persistent fear
- Depression
- Post-traumatic stress disorder (PTSD)
- Sleep disturbances or insomnia
- Loss of enjoyment of life
- Humiliation or embarrassment
- Mood swings
- Relationship difficulties
X-rays and MRIs cannot reveal emotional distress because such psychological injuries lack physical visibility. Proving these damages presents significant challenges yet remains entirely possible.
Non-economic damages include emotional distress damages since they provide compensation for injuries that lack a specific financial measurement. Economic damages differ from these because they contain quantifiable components such as medical expenses and lost earnings.
Types of Emotional Distress Claims
In personal injury cases that involve emotional distress claims there are two primary legal theories which you need to understand.
1. Intentional Infliction of Emotional Distress (IIED)
This legal claim becomes valid when a person purposefully inflicts emotional harm upon another through highly extreme or outrageous behavior. Proving IIED requires evidence that shows the defendant’s extreme and outrageous behavior caused the plaintiff severe emotional distress.
- The defendant’s conduct was extreme or outrageous
- The defendant acted intentionally or recklessly
- The conduct caused severe emotional distress
The standard for what qualifies as “extreme and outrageous” behavior makes IIED claims difficult to win.
2. Negligent Infliction of Emotional Distress (NIED)
Personal injury cases frequently include this type of claim. NIED claims demonstrate that the defendant’s negligent behavior led to emotional pain. Requirements typically include:
- The defendant had a duty of care
- They breached that duty
- This breach caused emotional distress
- The emotional distress is medically verifiable
Certain areas require proof of physical injury before granting recovery for negligent infliction of emotional distress. Present-day courts understand that emotional injuries can arise even when physical contact is absent.
How to Prove Emotional Distress
The main obstacle to obtaining compensation for emotional distress damages lies in demonstrating their existence. Emotional suffering lacks immediate visibility because it does not present through physical signs like physical injuries do.
These methods will demonstrate emotional distress effectively:
Medical Records and Expert Testimony
Psychologists and other mental health practitioners have the ability to diagnose your emotional state and provide testimony regarding how the occurrence impacted your mental health. This might include diagnoses of:
- Clinical depression
- Anxiety disorders
- PTSD
- Adjustment disorders
Personal Documentation
Maintain a thorough journal that records your emotional condition with entries that feature:
- Sleep disturbances
- Panic attacks
- Mood changes
- How the distress affects your daily activities
Testimony from Friends and Family
Your friends and family members can provide testimony regarding the behavioral and emotional changes they noticed in you since the incident.
Physical Manifestations
Your claim gains support from physical symptoms that emerge as a response to emotional distress. These might include:
- Weight loss or gain
- Hair loss
- Ulcers
- Headaches
Calculating Emotional Distress Damages
The compensation for emotional distress cases shows great variability and can range from thousands to millions because case specifics and distress severity determine the amount. Recent data reveals several methods available for calculating these damages.
The Multiplier Method
The multiplier method remains the predominant technique used to determine emotional distress damages. Here’s how it works:
- Begin by calculating the total economic damages which include medical bills and lost wages.
- The sum should be multiplied by a number ranging from 1.5 to 5 which depends on how severe the emotional distress is.
- Severe emotional distress cases receive higher multipliers in calculations.
If your economic damages total $20,000 and your emotional distress is moderate you could use a multiplier of 2 which would lead to $40,000 in emotional distress damages.
The Per Diem Method
The per diem method calculates emotional distress damages by allocating a distinct dollar amount for every day you experience emotional suffering.
- Establish a reasonable daily rate which typically corresponds to your daily earnings.
- Apply the determined rate to the total days during which you endured distress.
When emotional distress occurs over 180 days with a daily rate of $200 your total damages will amount to $36,000.
Real-World Examples of Emotional Distress Compensation
We can explore examples to gain insights into the practical application of emotional distress damages.
Car Accident Case
Sarah was rear-ended at a stoplight. Her physical injuries recovered in a few months yet she developed serious driving anxiety. She lost her driving ability which restricted her from working and socializing.
Sarah received:
- $15,000 for medical bills
- $10,000 for lost wages
- $75,000 for emotional distress
The large emotional distress award demonstrated the significant impact the accident had on her life despite her physical injuries being minor.
Workplace Harassment Case
Michael endured persistent harassment from his supervisor throughout a six-month period. Michael required both therapy and medication due to severe depression caused by constant humiliation.
Michael was awarded:
- $5,000 for medical expenses
- $150,000 for emotional distress
The emotional distress award recognized both the deliberate nature of the harmful behavior and its destructive effects on Michael’s mental health. The monetary awards for emotional distress claims range from several thousand dollars up to millions depending on the severity of the act, how long it lasted, and its nature.
Working with a Personal Injury Lawyer
The complexity of emotional distress claims makes experienced legal representation essential. A skilled personal injury lawyer can:
Build Your Case
Competent legal representation knows the necessary evidence to establish emotional distress according to their jurisdiction’s requirements. They’ll help you:
- Gather appropriate medical documentation
- Find qualified expert witnesses
- Document all aspects of your emotional suffering
- Your lawyer will show direct links between your emotional distress and the specific incident.
Navigate Legal Complexities
The legal requirements for emotional distress claims differ from one jurisdiction to another. Your lawyer will:
- Understand applicable statutes of limitations
- Know local caps on emotional distress damages
- Navigate complex legal theories and precedents
The Bottom Line: Key Takeaways
Emotional distress damages play an essential role in personal injury cases although they are widely misunderstood. Here are the most important points:
Know Your Rights
People who endure emotional distress from accidents can claim compensation for their suffering. You are entitled to pursue compensation for emotional damages.
- Mental anguish
- Psychological trauma
- Emotional suffering
- Loss of enjoyment of life
Never accept the notion that your emotional suffering should be dismissed because it lacks physical evidence.
Documentation Is Critical
The effectiveness of your emotional distress claim relies heavily on proper documentation.
- Seek prompt mental health treatment
- Keep detailed records of your emotional state
- Ask your close friends and family members to note any changes they notice in your behavior.
- Link each emotional symptom you experience to the specific incident.
Starting to document your emotional distress as soon as possible strengthens your legal case.
Recovery Comes First
Though compensation holds value, your well-being needs to be your main focus.
- Follow your treatment plan
- Be patient with your recovery
- Surround yourself with supportive people
A qualified personal injury attorney will assess your case and explain your options when you experience emotional distress after an accident or traumatic event.
