Emotional Distress And Calculating Non-Economic Damages
In many types of California personal injury lawsuits, emotional distress damages may make up a significant portion of the recovery. In most cases, you can receive financial compensation for your emotional suffering in addition to recovering for the more obvious economic losses like medical expenses, missed earnings, etc., associated with your physical injuries.
Depending on the nature of your injuries and the particulars of your case, the amount and availability of emotional distress damages can vary substantially. However, you might be able to negotiate a personal injury settlement with an insurance provider that includes payment for emotional distress, even if you decide not to file a lawsuit for your injuries.
Let's talk about psychological and emotional suffering and how it can be quantified under California personal injury law.
What Counts As Emotional Distress Damages In California?
Damages for emotional suffering are intended to compensate for the psychological toll your injuries have had on your daily life. Many different and extensive signs and symptoms of emotional distress are used in personal injury claims in California.
Loss of sleep, worry, and terror are all included under emotional distress. The same goes for some instances of dread, embarrassment, anxiety, and sadness.
Depending on the injury, emotional discomfort varies from person to person. There is no definitive description; therefore, if you experience psychological problems resulting from an accident, keep track of them. These problems might be compensatable. For example, you might not find anything that someone else finds upsetting, and vice versa.
That said, if you're not sure how or what to keep track of, seek advice from a prescreened California personal injury lawyer. A lawyer will have the experience and knowledge to help you find and record as much admissible evidence as possible.
Quantifying Damages for Pain and Suffering in California
You are probably receiving medical care if your injuries are severe enough to prompt you to launch a personal injury case. Tell your doctor about any psychological symptoms you've had since the accident and your physical wounds. The evidence in your favor is emotional suffering that has been medically verified.
Additionally, it's a good idea to keep a daily log or diary in which you list your feelings regarding the incident, your injuries, and how it has changed your life.
The stronger your claim will be and the better your chances of recovering, the more proof you can gather of your emotional distress. Find out more about collecting evidence to support your Damages for Pain and Suffering in California.
What If Someone Intentionally Inflicted You With Emotional Distress?
You might choose to file a separate claim for purposeful infliction of emotional distress in specific circumstances. For example, in some personal injury lawsuits, you may demonstrate that the defendant was either "grossly" negligent or intentionally intended to cause emotional distress and physical harm. However, this is much less common than a straightforward claim for emotional distress damages.
Possible Caps/Limits On Damages for Pain and Suffering in California
For non-economic damages, such as emotional anguish, several jurisdictions have regulations that limit how much can be awarded, particularly in medical negligence cases. In addition, you might discover that mental distress damages are subject to a statutory cap, depending on the seriousness of your injuries, the nature of the case, and the law of your local jurisdiction.
Physical injuries frequently have significant psychological repercussions, even though allegations of emotional anguish are sometimes met with mistrust in some quarters. These disorders are genuine and upsetting and are also compensable as part of your injury claim.