Being injured in an accident is an upsetting and frightening incident, made even more stressful by dealing with lost wages, uncertain financial situations and the headache of filing a lawsuit. In some cases, you may wish to include a separate claim for intentional infliction of emotional distress. diagnosed psychiatric condition (such as depression or anxiety disorder); loss of enjoyment of life and mental anguish; strained relationships with family and friends, the severity of the discrimination/harassment, the duration of the discrimination/harassment, the severity and duration of the emotional harm, whether you sought professional treatment for the emotional distress (from a psychiatrist, psychologist, counselor, etc.). For this reason, it’s important to keep as much evidence as possible of the emotional distress you suffered, whether it’s journals, emails/texts, etc. having your treating psychologist, psychiatrist, or counselor testify about the emotional distress; hiring an expert witness to explain how the discrimination harmed you emotionally; presenting evidence of a diagnosis such as depression or anxiety disorder; demonstrating that you were prescribed medications to deal with the mental anguish. which aggravated damages are awarded is the additional mental distress occasioned by the humiliating way in which the wrong was committed. So, too, do some cases of depression, anxiety, humiliation, and fear. Contacting Zuckerman Law or providing information to Zuckerman Law about a potential legal claim does not create an attorney-client relationship with Zuckerman Law. What is the Pregnant Workers Fairness Act and what happens if it becomes law? In Georgia, you cannot seek damages based on emotional distress stemming from another’s negligent act if there was no physical impact to you. Hiring a proven and effective advocate is critical to obtaining the maximum recovery in an employment discrimination case. Copyright ©2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. Medically-documented emotional distress is a powerful component of your case. Generally speaking, you’ll need to show that your emotional stress is ongoing, that it affects the basic way you go about your life, and that it is directly related to the physical injuries the defendant caused you to suffer. © 2020 Zuckerman Law, All Rights Reserved. Under Title VII, the maximum amount you can recover for emotional distress damages is $300,000. Damages for psychiatric injury Where a professional’s negligence leads not just to distress but to mental illness such as depression or PTSD, general damages for personal injury can be awarded by the court. Not all offensive conduct qualifies as intentional infliction of emotional distress, however. master:2020-12-03_10-44-30. What, however, is the recoverability of damages for mental distress that occurs as a result of a tortious wrong to the person who suffers the distress? Through this testimony, the jury can learn about how you’ve been affected and changed since the employer discriminated, harassed, and/or retaliated against you. Information contained in this website should not be relied on as legal advice. This means you can sue someone for emotional trauma or distress if you can provide evidence to support your claims. Noneconomic damages, such as emotional distress, can greatly vary case by case. 9 You may also show a jury that it should award you emotional distress damages by, for example: As mentioned above, as the amount of emotional distress damages you seeks climbs higher so too does the strength of evidence you need to support that award. In certain cases, the employer may also seek to have an Independent Medical Exam performed on you by an outside medical professional. Some types of evidence can be used to help prove the extent of a person’s emotional distress: The Law Commission defines aggravated damages as ‘damages awarded for a tort as compensation for the plaintiff's mental distress, where the manner in which the defendant has committed the tort, or his motives in so doing, or his conduct subsequent … Although the name is pretty self-explanatory, emotional distress damages can cover a range of harms, including: diagnosed psychiatric condition (such as depression or anxiety disorder); sleeplessness; loss of enjoyment of life and mental anguish; reputational harm; strained relationships with family and friends. Addition to your Physical injuries, tell your doctor about any psychological symptoms you ’ experienced. To you, and emotional distress after an injury infliction of emotional distress can. Mental injury can result from the actions of another person, whether or! 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