Emotional distress claims represent a significant yet often misunderstood aspect of non-economic damages. Unlike tangible economic damages, such as medical expenses or lost wages, non-economic damages are intangible and subjective, making them more challenging both to prove and to quantify.
However, difficult does not mean impossible or unattainable. A skilled personal injury attorney can help you pursue fair compensation for the emotional harm you’ve suffered after an accident. Below, we’ll break down how emotional distress is defined, the challenges it presents in a lawsuit, and what you can do to strengthen your claim.
Understanding Emotional Distress in Legal Terms
In personal injury law, damages are often categorized into two main types: economic and non-economic damages. Economic damages are tangible and quantifiable financial losses resulting from an injury, such as medical bills, lost wages, and property damage. On the other hand, non-economic damages are more abstract and harder to quantify. They include pain and suffering, loss of enjoyment of life, disfigurement, and emotional distress.
Emotional distress claims fall under the umbrella of non-economic damages and represent a significant aspect of personal injury law. These damages are intended to compensate the victim for the psychological impact of an injury – impacts that are real, deeply personal, but often intangible. Unlike a broken bone or a medical bill, emotional harm does not have a clear or fixed monetary value, making it a challenging area both for plaintiffs to articulate and for legal professionals to quantify.
The Challenges of Proving Emotional Distress
The complexity of quantifying emotional harm lies in its subjective nature. Different individuals may react differently to similar injuries or traumas. For instance, while one person may recover quickly from a traumatic injury, another might suffer long-term psychological effects such as anxiety, depression, or post-traumatic stress disorder. Some of the other challenges involved include:
- Lack of Objective Evidence: There are rarely direct, objective measures of mental harm. Unlike economic damages, which can be quantified through bills and lost wages, non-economic harm doesn’t have a price tag or a uniform method of calculation. This lack of objective evidence can make it challenging to prove the extent of the distress to a court or insurance company.
- Requirement of Expert Testimony: Often, proving emotional distress requires the testimony of mental health professionals. These experts can explain how the incident caused distress and the impact it has had on the victim’s life. However, securing such testimony can be expensive and time-consuming, and the effectiveness of the testimony can vary based on the expert’s credentials and persuasiveness.
- Causation Issues: It must be clearly demonstrated that the distress is directly linked to the incident or injury caused by the defendant. This can be particularly challenging if the victim has pre-existing mental health issues or if there are other potential causes of the struggles they are facing.
- Perception of Validity: There can sometimes be a stigma or skepticism towards claims of emotional harm, as they are not visible injuries. Judges, juries, and insurance adjusters might be less sympathetic to these claims compared to physical injuries, which are more straightforward to understand and empathize with.
- Demonstrating the Severity and Duration: For a claim to be successful, it’s often necessary to show not just the existence of the harm but also its severity and persistence. Proving that your emotional suffering is more than just a transient or minor issue can be difficult, especially without consistent and ongoing medical or psychological treatment records.
For these reasons, quantifying emotional distress demands a nuanced understanding of both the legal framework and the psychological impact of injuries.
California Law and Non-Economic Damages
In the context of California law, understanding the grounds for these claims is particularly important. California’s legal system has its unique approaches and precedents concerning non-economic damages, which can significantly influence the outcome of a personal injury case. Here’s what the law has to say about these claims and damages:
The Two Types of Emotional Distress Claims
In California, there are two basic types of emotional distress claims you may file:
- Negligent Infliction of Emotional Distress (NIED): In California, you can claim NIED if you have suffered mental harm due to someone else’s negligence. However, it’s important to establish a duty of care that the defendant owed to the plaintiff and that the harm resulted from a breach of that duty.
- Intentional Infliction of Emotional Distress (IIED): This is applicable when someone’s deliberate or outrageous conduct causes severe distress. The threshold for proving IIED is higher, as you must demonstrate that the conduct was extreme and outrageous, going beyond the bounds of decency.
Your attorney will help you determine whether your case qualifies for IIED or if filing an NIED is more appropriate for your situation.
Direct Victim vs. Bystander Claims
In addition, you may be able to file a lawsuit as a direct victim or as a bystander. As a direct victim, you can claim emotional distress if you were directly involved in the incident. Meanwhile, as a bystander, you may have grounds for these damages if you witness a traumatic event, especially involving a close family member’s injury or wrongful death. However, California law requires bystanders to be present at the scene of the injury-producing event and to be aware that the event is causing injury to their family member.
Physical Injury Requirements
Traditionally, emotional distress damages were only recoverable in California if accompanied by a physical injury. However, this has evolved, and now claims for emotional harm may stand alone in certain circumstances, especially in cases of IIED or when the distress manifests physical symptoms.
For example, California law allows for the recovery of these damages even in the absence of physical injury in certain cases, such as witnessing the injury or death of a family member. As such, it may not even be necessary to prove a physical injury to move forward with your case and receive damages.
Standard of Proof
In non-economic damage claims, the standard of proof involves demonstrating that the distress is substantial and enduring. This often requires medical or psychological evidence and, in some cases, testimony from mental health professionals.
Damage Caps and Limitations
California does not have a statutory cap on damages for non-economic harm in most personal injury cases. However, there are exceptions, such as medical malpractice cases, where non-economic damages are capped under the Medical Injury Compensation Reform Act (MICRA).
Impact of Comparative Fault
California follows a “pure comparative negligence” rule. If you are partially at fault for the incident that caused your distress, your compensation might be reduced by your percentage of fault.
Statute of Limitations
There are strict time limits for filing a civil claim in California. Typically, the statute of limitations for personal injury claims is two years from the date of the incident. However, exceptions exist, so it’s important to consult an attorney promptly.
Calculating Damages for Emotional Distress
There is no precise formula for calculating emotional harm damages in California. Each case is evaluated on its own merits, and the amount awarded depends on the specific circumstances and the evidence presented.
Several factors influence the calculation of non-economic damages, including:
- Severity: The more severe and debilitating the distress, the higher the potential damages. Evidence of psychological treatment, medication, and expert testimony can support claims of severity.
- Duration: Longer periods of suffering tend to result in higher damage awards. Ongoing and chronic emotional issues carry more weight than transient distress.
- Physical Impact: If the distress has manifested physically (e.g., insomnia, weight loss, other stress-related conditions), this can increase the damages.
- Impact on Daily Life: Damages may be higher if there is evidence that the distress has significantly impacted the victim’s daily activities, relationships, and overall quality of life.
- Culpability of the Defendant: In cases of intentional infliction of emotional harm, where the defendant’s conduct was particularly egregious, damages might be greater.
- Jury’s Discretion: In a trial, the jury has broad discretion in determining the amount of non-economic damages. They will consider the evidence presented, including the plaintiff’s testimony, expert opinions, and any other relevant information.
Previous cases and court decisions in California can provide guidance on how similar claims have been valued. However, each case is unique, and past awards are not definitive indicators of future outcomes. Your attorney will help you determine the factors that are likely to impact your claim and how that may impact the damages awarded.
Experienced Legal Representation for California Emotional Distress Claims
Non-economic damages hold a vital place in personal injury law, addressing the often unseen but profound impact of an injury on an individual’s mental and emotional well-being. In California, with its specific legal landscape, navigating these claims requires not only an understanding of the law but also a sensitive approach to the personal experiences underlying such claims. If you’re pursuing an emotional distress claim, it’s in your best interest to seek skilled legal representation as soon as possible. At Fiore Achermann, we are equipped to navigate the intricacies of these uniquely challenging cases efficiently and carefully. We encourage you to reach out to our Bay Area personal injury law firm today to learn more about how we can assist you with receiving fair compensation for the harm you’ve suffered.
