How Emotional Damages Are Calculated in a Personal Injury Claim

Personal injury claims often involve more than just physical injuries. Emotional damages, part of non-economic damages, play a crucial role in compensating individuals for the psychological toll that accidents or incidents can have on their well-being. Calculating emotional damages is a complex process that requires careful examination of various criteria. 

Jensen Phelan Law Firm can help you navigate the complexities of your case and make sure you have the best chance of recovering fair compensation. With over 70 years of combined experience, our seasoned team of attorneys have been providing top-quality legal representation since 1974. We understand the impact personal injuries can have on your life, and we are here to help. 

Understanding How Emotional Damages Are Calculated

Emotional damages encompass a broad spectrum of psychological and mental distress that a person may experience following an accident or injury. These damages are not as tangible as medical bills or property damage but are equally valid in assessing the overall impact on an individual’s life.

Key criteria examined in calculating emotional damages include:

• Nature and Severity of the Incident: The type and severity of the incident significantly influence the emotional damages. A traumatic event, such as a severe car crash or a workplace accident, may lead to more substantial emotional distress.
• Medical Evidence and Expert Testimony: Medical evidence and expert testimony from mental health professionals play a crucial role. Psychologists or psychiatrists may provide insights into the extent of emotional injuries.
• Duration and Persistence of Emotional Distress: The length of time the emotional distress persists is a key factor. Chronic emotional distress may be considered more severe and, therefore, warrant a higher compensation.
• Interference with Daily Life and Relationships: Emotional damages can interfere with a person’s ability to enjoy life, maintain relationships, or pursue daily activities. The extent of this interference is considered when calculating damages.
• Pre-Existing Mental Health Conditions: The presence of pre-existing mental health conditions can complicate the assessment. However, if the incident exacerbates or triggers existing issues, it may still contribute to the overall emotional damages.
• Credibility of the Plaintiff: The credibility of the plaintiff is another factor. Courts may consider the consistency of the plaintiff’s statements, the impact on their daily life, and any supporting evidence provided.
• Expert Witness Testimonies: Expert witnesses may be called upon to testify about the specific emotional damages suffered and their impact on the individual’s life. Their professional opinions can carry significant weight in court.
• Comparative Fault: In some cases, the plaintiff’s own actions may contribute to the emotional distress. Courts consider the concept of comparative fault, where damages may be reduced if the plaintiff is found partially responsible for their emotional injuries.

Calculating emotional damages in a personal injury claim requires a comprehensive understanding of the psychological impact an incident has on an individual’s life. It’s important to work with an experienced attorney who can help accurately assess the damages you deserve and fight for full and fair compensation on your behalf.

Contact an Experienced Personal Injury Lawyer Today

In the aftermath of personal injuries, the toll on an individual’s emotional well-being often extends beyond the physical injuries. Emotional damages, often intangible but profoundly impactful, demand specialized attention and expertise. Understanding these nuances is crucial in advocating for fair and just compensation for the emotional toll that accompanies physical injuries. 

With over 70 years of combined experience, our seasoned team of injury lawyers at Jensen Phelan Law Firm have provided top-quality legal representation since 1974. We firmly believe that top-notch legal representation results in larger awards, and by retaining the best specialists in the field, you enhance your chances of securing the justice and compensation you deserve. Contact us for a free assessment of your case and a comprehensive explanation of your rights by completing our contact form or calling us at (928) 778-2660 or (520) 344-7484.