What Are Emotional Damages?

It’s difficult to assign a dollar value to the emotional suffering a person experiences, yet this is a crucial component of many civil lawsuits. But what exactly are emotional damages?

In a way, emotional damages are exactly what they sound like – monetary compensation awarded to a plaintiff to account for the psychological distress they’re experiencing. But in practical legal terms, it’s more complicated. You have to prove the psychological distress is significant, it’s the direct result of the defendant’s actions, and how much should be awarded in damages.

At OlsenDaines, we have extensive experience with wrongful death and personal injury cases involving emotional damages, and we can help you determine what’s fair and what you deserve. Awarding emotional damages to plaintiffs in lawsuits is one of the most effective ways our civil legal system is empowered to administer justice, and if you’re involved in a case like this, it’s important to understand what to expect.

Definition of Emotional Damages

In civil cases, the court can award various types of damages, including economic, non-economic, and sometimes, punitive. Emotional damages are a type of non-economic damage, often awarded in personal injury and wrongful death cases.

To win emotional damages in a wrongful death or personal injury case, the plaintiff must prove that the defendant is the cause of genuine, significant emotional distress. This may be presented in the form of medical records, expert testimony, or documentation that clearly shows the plaintiff’s emotional distress has affected their daily life.

• Post-Traumatic Stress Disorder (PTSD): Often cited in personal injury, assault, or traumatic accident cases. Symptoms include flashbacks, nightmares, hypervigilance, and emotional numbness.
• Generalized Anxiety Disorder: Chronic and excessive worry, restlessness, and physical symptoms like tension or insomnia. It can result from workplace harassment, car accidents, or ongoing stress due to injury.
• Major Depressive Disorder (Depression): Persistent sadness, loss of interest, fatigue, difficulty concentrating, or suicidal thoughts. Frequently seen in wrongful death, disfigurement, or life-altering injury cases.
• Panic Disorder: Recurring panic attacks, often with no clear trigger. Can be tied to specific traumatic incidents.
• Adjustment Disorder: Significant changes, emotional or behavioral symptoms tied to a specific event or change, like an accident or loss.
• Severe grief or anxiety: Grief and anxiety are normal, but when they affect your ability to live your life, it may be considered emotional damage.
• Fear or phobias: Such as fear of driving after a crash.
• Sleep disturbances or insomnia: Inability to sleep after an event.
• Mood swings: Sudden changes in mood or general irritability. Crying spells or emotional numbness.
• Loss of interest in things: Withdrawing or losing interest in important things like work, hobbies, and relationships.

How Do You Prove Emotional Damages?

To receive compensatory emotional damages, a client’s legal representatives must prove that the emotional damages are significant. This requires evidence, which can come in many forms.

Evidence and documentation from medical professionals is often the most compelling type of evidence in these cases, but it’s not the only type. Plaintiffs can testify on their own behalf, which may be corroborated by testimony from friends and family members.

In cases that result in severe grief, like wrongful death cases, seeing a mental health professional, like a psychiatrist or psychologist, can do more than just help you develop strategies to process your feelings. They can also provide a valuable record of your emotional damages that a court can use as evidence to weigh your case.

• Medical records
• Testimony from mental health professionals
• Plaintiff’s testimony
• Testimony from friends, family, or coworkers
• Employment records or school reports
• Social media or communications

Call OlsenDaines for a Free Consultation on Your Personal Injury or Wrongful Death Case

Have you been the victim of negligence or wrongdoing, and now you’re suffering from symptoms like grief, panic attacks, PTSD, sleep disturbances, or loss of interest in things? If so, you may be dealing with emotional distress, and it’s an important part of your legal claim.

Before you move forward with anything, make sure you speak with a personal injury or wrongful death attorney about your case. If your case is in the Portland area, our experienced attorneys will he happy to help. We have extensive experience helping individuals in situations like yours understand their rights and make informed legal decisions for themselves and their families.

Are you ready to take control of your situation with a personal injury lawyer who has your best interests at heart? Call us today and let’s talk – we offer free consultations and work on contingency, so you won’t pay anything unless you win.

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