Emotional distress is a type of intangible damage associated with personal injury cases. It compensates individuals for the psychological impact of an injury or traumatic event. Calculating emotional distress damages can be complex because it relies on qualitative assessments, not quantitative which is easier to calculate. In this blog, we will be going over how to calculate emotional distress damages in Missouri, going over the legal basis for emotional distress claims, and the different factors considered.
Legal Basis for Emotional Distress Claims in Missouri
In Missouri, emotional distress claims fall under the umbrella of tort law. The state recognizes two primary types of emotional distress claims: negligent infliction of emotional distress (NIED) and intentional infliction of emotional distress (IIED), each type has its own specifications.
- NIE: This is when a person’s negligence leads to emotional harm. In this situation, it can be unintentional.
- IIED: This is when someone engages in extreme or outrageous conduct with the intent to cause emotional distress or with reckless disregard for the likelihood of causing such distress.
Factors Considered When Calculating Emotional Distress Damages
There are several different factors that are considered when calculating emotional distress damages. Here are some factors the court will consider:
- Severity: Plaintiffs who show severe anxiety, depression, or PTSD typically receive higher compensation compared to those with milder symptoms.
- Duration: Emotional distress that lasts over an extended period can lead to greater compensation, showing the long-term impact on quality of life.
- Physical Symptoms: Conditions like insomnia, weight loss, fatigue, or other health issues stemming from emotional distress can strengthen a claim. Medical documentation is important to prove that the emotional stress caused other health issues.
- Daily Life: Evidence of reduced quality of life can contribute to higher compensation. Some examples could be showing that they are unable to work and perform daily tasks like normal.
Methods Used to Calculate Emotional Distress Damages
Since it can be difficult to calculate the monetary value of emotional distress damages, there are a few different methods that are used:
- Per Diem Method: This involves assigning a daily monetary value to the emotional suffering experienced by the plaintiff. The total number of days the plaintiff has suffered is multiplied by the daily value (severity of the distress) to reach the total damages sought.
- Multiplier method: With this approach, economic damages are first calculated and then a multiplier (Between 1.5 to 5, depending on the severity of the distress) is then applied to the economic damages to estimate non-economic damages, which include emotional distress.
- Court Discretion: The calculation of emotional distress damages typically is decided by the court and on a case-to-case basis. It can also be determined by a jury if it is a jury trial.
How to Strengthen Your Emotional Distress Claim
Emotional distress claims can be hard to prove, which is why it is important to make sure your case is as strong as it can be. One of the most important aspects of a strong claim is sufficient evidence. If you believe you are suffering emotional distress due to someone else’s negligence, it is important to document everything you are experiencing and how it affects your daily life. This could include symptoms such as anxiety, depression, or difficulty sleeping, all of which can help strengthen your case.
In addition to your documentation, medical evidence is also very critical. If you had to seek medical treatment or counseling, this provides tangible evidence for your claim of the severity of your emotional distress. Additionally, consistent therapy sessions or medical treatment show that your emotional distress is serious and ongoing.
Working with an Experienced Attorney to Build a Strong Case
The most important step in strengthening your emotional distress claim is working with an experienced attorney. Emotional distress cases can be complex, and an attorney who understands the legal requirements can help you build a compelling argument.
If you are experiencing emotional distress due to someone else’s negligence in Hillsboro, turn to Wegmann Law for help. You can call our office at (636) 797-2665 or visit us online.
Our experienced team will help you understand what your case is worth and will assist you in obtaining the full amount of compensation you deserve. Contact us and request your free consultation to discuss your case with our office.
