When someone suffers harm due to another party’s negligence, the consequences are not always physical. Emotional trauma—such as anxiety, depression, or post-traumatic stress—can severely impact a person’s quality of life. In such cases, individuals may be entitled to compensation for emotional distress. Unlike medical bills or lost wages, emotional harm is intangible, making it harder to measure. However, there are established legal methods used to calculate this form of compensation in the United States.
Understanding Emotional Distress
Emotional distress refers to the psychological impact a person suffers following an incident like a car crash, medical malpractice, or defamation. Symptoms might include panic attacks, sleep disturbances, mood swings, or an inability to enjoy life as before. In legal claims, emotional distress falls under the category of non-economic damages, which don’t have a fixed dollar amount.
Emotional distress can be either negligent or intentional. Negligent infliction usually arises from accidents, while intentional infliction involves deliberate wrongdoing. The method of calculating damages may vary depending on the context of the case.
The Multiplier Method
One common technique used to calculate non-economic damages, including emotional distress, is the multiplier method. In this approach, the plaintiff’s economic damages—such as medical bills or lost wages—are multiplied by a number usually ranging from 1.5 to 5. The more severe the emotional and physical harm, the higher the multiplier.
For example, if a person incurs $20,000 in economic damages and the court assigns a multiplier of 3 due to significant emotional trauma, the total non-economic damages would be $60,000. Combined with economic losses, the total award would be $80,000.
This method aims to offer a logical framework, but it still involves subjective judgment. The severity of trauma, the duration of emotional suffering, and how it affects daily life all influence the chosen multiplier.
The Per Diem Method
Another method used is the per diem (per day) method, where a daily dollar amount is assigned to the emotional suffering endured. This figure is then multiplied by the number of days the victim is expected to experience emotional distress.
Let’s say a daily rate of $200 is determined appropriate for the individual’s suffering. If the emotional distress lasts for 180 days, the total non-economic damage award would be $36,000.
This approach can be particularly effective in cases involving shorter-term but intense emotional harm. However, judges and juries may question the fairness of assigning a fixed daily rate, especially if the evidence doesn’t clearly show how distress was experienced each day.
Testimony and Documentation
Calculating emotional distress isn’t based on formulas alone. Courts often rely on testimony from mental health professionals, such as psychologists or psychiatrists, to establish the depth and duration of the trauma. Medical records, prescription history (e.g., anti-anxiety medication), and personal journals may also be submitted to strengthen the claim.
Additionally, family members, friends, and colleagues may provide testimony describing how the emotional state of the victim changed after the incident. The more compelling the evidence, the more likely the court will assign a higher value to the emotional distress.
Jury Discretion and Legal Precedents
Juries often have significant discretion in awarding emotional distress damages. Because no two people react to trauma in the same way, they must evaluate the emotional injury on a case-by-case basis. Precedents from similar cases in the same jurisdiction may also influence the amount awarded.
For instance, if prior plaintiffs with similar injuries received six-figure settlements, the jury might lean toward awarding a similar sum, assuming the current plaintiff’s suffering is comparable. However, inconsistency in awards remains a challenge, as juries’ judgments can differ based on their perceptions, biases, or emotional reactions to the case.
Caps on Non-Economic Damages
Some states in the U.S. place caps on non-economic damages like emotional distress, particularly in medical malpractice cases. For example, a state might limit emotional distress compensation to $250,000, regardless of the actual psychological toll on the victim.
These caps can significantly affect plaintiffs who endure long-lasting or severe emotional trauma but are legally prevented from receiving full restitution. While some view caps as necessary to control insurance costs, others argue they deny justice to those most deeply affected.
Final Thoughts
Emotional distress is real, impactful, and often life-altering. Yet, putting a dollar value on psychological suffering is inherently complex. Methods like the multiplier and per diem approaches offer structure, but subjective factors and evidence quality remain crucial to a successful claim.
Whether through professional testimony, personal records, or legal precedent, proving emotional harm is essential to obtaining fair compensation. If you’re pursuing a claim, consulting an experienced personal injury attorney can help ensure that your emotional distress is properly represented and calculated.
