Each claim depends on its own merits and unique circumstances. The value of a lawsuit for emotional distress is not calculated by adding up a series of numbers, as is the case with economic damages. Rather, compensation for emotional distress is related to how the injury affected your personal and work life. Multiply your total economic losses by one or two to estimate your pain and suffering pay.
The result is the total amount you will require for the final settlement. Although basic, this “multiple” method helps give a rough starting point for your demand. Typically, you'll need to incorporate several of these methods to prove your claim. For example, you may want to demonstrate both the intensity and duration of your distress and provide supporting medical documentation from your doctor for psychological pain and any related physical injury.
If you have been disfigured or disabled by a personal injury caused by another person, it might be worth filing a personal injury lawsuit if the adjuster is unwilling to pay a fair amount of compensation for your emotional distress. Huitt's lawyer impressed the jury by describing the anxiety, humiliation, and other emotional distress Huitt suffers due to the misdiagnosis and unnecessary surgery. That's why personal injury plaintiffs have the option of suing for emotional distress, or pain and suffering, compensation in addition to reimbursement for their medical claims. For very serious injuries, you will need an attorney to calculate the appropriate claim to fully account for your emotional trauma.
In these cases, victims can file a personal injury lawsuit to recover damages, including emotional distress, within the statute of limitations. Victims of serious accidents and injuries often experience emotional distress for years or decades, and some will experience emotional distress for the rest of their lives. Because distress isn't physical (although it can manifest physical symptoms), you'll need to show that you're suffering serious emotional harm in other ways. Regardless of what exactly happened and how much you expect to be awarded, you'll want to work with an attorney who has experience in emotional distress and personal injury cases.
If you're filing an emotional distress claim, you'll want to work with an experienced personal injury lawyer. Most emotional distress claims are related to pain and suffering secondary to physical injury. General damages include things like pain and suffering, which means physical discomfort and pain, but also emotional distress, anxiety and stress that are related to the accident and its injuries. Therefore, the plaintiff could be compensated for mental or bodily pain or distress, in addition to any pecuniary damages.
