Emotional damage is a subset of “pain and suffering” that encompasses the mental and emotional aspects of an injury or illness. You can sue for emotional damage if your injuries have caused you emotional distress, which shows itself through anxiety, depression, or a loss of enjoyment of life.
How Does the Law Define Emotional Damage?
There is no set standard in California law for emotional damage other than the damages awarded shall be reasonable. There is no complicated legal process for something like emotional damage, only reasonable consideration. This is stated in California Civil Code 3359:
“Damages must, in all cases, be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages, contrary to substantial justice, no more than reasonable damages can be recovered.”
How to Prove Emotional Damage in a Lawsuit
For emotional damage, there is no established standard for what a jury or judge can use to calculate a fair amount. It is up to the plaintiff to present evidence of physical pain and emotional trauma to assist them in making their decision. Emotional damage can be proven using the following evidence:
- Physical pain: typically shown through medical records, this highlights discomfort and agony caused by the injury.
- Mental Anguish: this includes emotional distress, fear, anxiety, anger, and depression, which have stemmed from your injury. This is usually represented in witness statements and therapist reports.
- Loss of enjoyment of life: this is the enjoyment of life you’ve been deprived of because of your injury. This could be a surfer who can no longer surf. Evidence of this can be displayed with past pictures and videos, as well as witness testimony.
- Impact on relationships: injuries affect your ability to maintain relationships, which can put unnecessary stress on a person’s life. This evidence can usually be displayed in a person’s finances if it was a business relationship. It can also be represented with photos and witness testimony.
What is Pain and Suffering?
The term “pain and suffering” refers to all forms of psychological and emotional harm a victim may suffer after an accident. These damages are considered non-economic damages because there is no intrinsic value that can be assigned to emotional or psychological harm. Harm is a subjective term because it affects people in very different ways, even if they suffered the same accident. So, determining damages for pain and suffering can be challenging. Some examples of pain and suffering include:
- Physical pain from injuries or treatment
- Insomnia
- Fear
- Psychological trauma
- Anger
- Grief
- Anxiety
- Depression
- Embarrassment or humiliation from mental anguish
- Sexual dysfunction
- Post-traumatic stress disorder
- Reduced quality of life
- Reduced enjoyment of life
- Reduced life expectancy
- Increased susceptibility to future injury or harm
- Loss of consortium
Contact a Personal Injury Lawyer in California
If you or a loved one has been injured in any type of accident in California, the Personal Injury Attorneys at Maison Law are standing by to help you get the compensation you need. We understand the enormous medical costs associated with injuries and will aggressively pursue a settlement to match the full extent of your damages. If a settlement cannot be reached, then our firm will represent you in court and advocate on your behalf.
Contact Maison Law today for a free consultation and case evaluation. There is no upfront charge for our services, and we don’t make a dime unless your case is won.
