How Much Does Emotional Distress Influence a Settlement?

Emotional distress is an important part of settlement calculations. However, its influence can vary greatly depending on the case details, the location, and the evidence presented. The monetary influence of emotional distress on a claim can be from very little to quite a lot. Like many personal injury issues, it’s complicated. Should we dive in?

What Is Emotional Distress in a Personal Injury?

Emotional distress refers to the mental suffering an individual endures following a particular event or circumstance. In this case, emotional distress is a reaction to an injury.

Injury claims may associate emotional distress with post-traumatic stress disorder (PTSD). They can also include anxiety, depression, and a general decline in quality of life.

Unlike physical injuries, emotional distress is not always immediately visible, which makes proving its impact more challenging. However, it is a valid component of a personal injury claim and can significantly increase a settlement amount.

How Is Emotional Distress Calculated?

Economic damages like medical bills are relatively easy to calculate. For those, there’s generally a paper trail. When it comes to non-economic damages, it’s not quite as straightforward. As an element in pain and suffering calculations, claims will arrive at emotional distress amounts by:

1. Multiplier Method: This method adds up all economic damages, like medical bills and lost wages. Then, it multiplies this total by a number, usually between 1.5 and 5. This number depends on how severe the emotional distress is.
2. Per Diem Method: This gives a daily dollar amount for the emotional pain experienced. It then multiplies this by the number of days the victim has suffered.

In either case, the strength of the evidence plays a critical role in determining the final amount.

Factors in Emotional Distress Compensation

Several factors can influence how much emotional distress contributes to a settlement:

• Impact and Duration: Severe PTSD or chronic anxiety often leads to higher settlements than temporary stress.
• Medical Proof: Records from a mental health professional can strengthen a claim. That includes diagnoses, therapy sessions, and prescriptions.
• Witness Accounts: Statements from family or friends who note behavioral changes can help validate distress claims.
• Injury Severity: More traumatic injuries usually lead to higher emotional distress awards.
• Defendant’s Actions: If the injury resulted from intentional harm, there may be an increase in compensation.

Challenges in Proving Emotional Distress

Because emotional distress is subjective, proving its impact can be more difficult than demonstrating physical injuries. Defendants may claim that the distress is faked or unrelated to the accident. To strengthen a claim, injury victims should consider the following:

• Keeping a journal to document daily emotional struggles, nightmares, or panic attacks
• Seeking professional mental health treatment and maintaining records of therapy sessions
• Providing testimony from medical experts who can explain the link between the injury and psychological distress

The Role of Expert Witnesses in Emotional Distress Cases

Expert witnesses can play a crucial role in validating emotional distress claims. Psychologists and trauma specialists can provide professional assessments of a victim’s mental health. They can also accurately connect the victim’s condition to the injury.

Their testimony shows how distress affects daily life, work, and relationships. This makes it harder for insurance companies or other parties to downplay the suffering. Expert opinions can also support treatment plans, reinforcing the need for compensation that covers long-term psychological care.

Realistic Expectations in Emotional Distress Settlements

While emotional distress can significantly impact a settlement, it is important to have realistic expectations. Courts and insurance companies often examine non-economic damages carefully. Large payments for emotional distress are rare unless the case is extreme.

That said, emotional distress can still add tens of thousands of dollars to a settlement when backed by solid evidence. In cases of severe trauma, emotional distress can be much greater. This is especially the case when victims suffer a permanent disability or wrongful death.

Emotional Distress & Your Injury Claim

By documenting their psychological impact and seeking professional support, injury victims can improve their chances of securing fair compensation. While money cannot erase trauma, a well-supported injury claim can offer financial help for emotional recovery.