Emotional distress damages are a common component in many personal injury and litigation cases. They represent compensation for the non-economic harm a person has suffered due to the negligence or wrongful actions of another party. Calculating emotional distress damages can be challenging, as there is no precise formula to determine their worth. However, this article will guide you through the process of calculating these damages, and provide insights into the factors that may influence their value.

1. Understanding Emotional Distress Damages

Emotional distress damages refer to monetary awards given to a plaintiff for psychological harm caused by an incident or event. These can include conditions such as anxiety, depression, post-traumatic stress disorder (PTSD), and other trauma-related symptoms that result from experiencing physical injuries or witnessing traumatic events.

2. Types of Emotional Distress Claims

There are two main types of emotional distress claims:

a) “Negligent Infliction of Emotional Distress” (NIED) – These claims arise when a defendant’s negligence results in causing emotional harm to the plaintiff.

b) “Intentional Infliction of Emotional Distress” (IIED) – An IIED claim may be pursued if a defendant’s reckless or intentional behavior leads to severe emotional distress for the plaintiff.

3. Factors Considered in Calculating Emotional Distress Damages

Calculating emotional distress damages requires considering various factors, including:

a) Severity of the emotional distress – The level of psychological harm suffered by the plaintiff plays a significant role in determining the amount awarded in damages.

b) Duration of the emotional distress – The length of time the plaintiff suffers emotional distress symptoms also impacts the compensation amount.

c) Impact on daily functioning – If the emotional distress significantly hinders the plaintiff’s ability to perform daily tasks or maintain relationships, it may result in higher damages.

d) Medical treatment and therapy – The requirement and duration of therapy, counseling, or medication for the plaintiff’s emotional distress contribute to the calculation of damages.

e) Evidence of distress – Documentation of emotional distress symptoms through medical records, therapy sessions, and personal accounts strengthen the credibility of a plaintiff’s claim.

4. Methods for Calculating Emotional Distress Damages

There are several methods to calculate emotional distress damages:

a) Per Diem Method: This method assigns a fixed dollar amount for every day the plaintiff suffers from emotional distress symptoms. The total number of days is multiplied by the daily rate to determine total damages.

b) Multiplier Method: This method uses a factor (typically between 1.5 and 5) to multiply the plaintiff’s economic damages (e.g., medical bills or lost wages) in order to arrive at an appropriate amount for emotional distress damages.

c) Alternative Methods: In some cases, courts or juries may consider other factors, such as comparing the plaintiff’s case to past cases with similar circumstances, to determine an appropriate compensation amount.

Conclusion

Calculating emotional distress damages can be a complex process involving several factors. It is essential for plaintiffs and their attorneys to thoroughly document their experiences and symptoms in order to present a strong case. While no formula guarantees a specific outcome, understanding the factors considered and methods used in calculating these damages can assist plaintiffs in pursuing fair compensation for their emotional suffering.