An emotional distress lawsuit can result in economic or non-economic damages. Economic damages come from tangible costs, such as fees paid for medical care, therapeutic treatments, or lost wages if your emotional distress led you to miss work. Compensation for emotional distress varies widely. The amount you'll be able to recover depends on the severity of your condition, the cost of medical care, and other losses suffered. Your state's laws can also significantly affect the amount you can recover.
Emotional distress is recognized as compensable harm in a California personal injury case. If a victim can show that they suffered emotional distress as a result of the defendant's negligence, they can recover compensation. Negligence refers to not acting with proper care. It is also possible to base a claim of emotional distress on intent to harm or intentional participation in outrageous behavior. Victims can recover from past and future emotional distress: the injuries they have already suffered as a result of the negligent act and the distress they will likely continue to experience in the future.
Emotional distress damages compensate the employee for the pain and suffering caused by the employer's illegal actions. For example, employees may experience anxiety due to sexual harassment in the workplace or a hostile work environment. Victims of retaliation can also receive damages for emotional distress.
