The most common ways to calculate emotional distress are the per diem method and the multiplier method, both of which can be used in a case separately or together.
Emotional distress can be a part of all kinds of injuries, accidents, or situations. It falls under non-economic damages, which do not have a tangible cost attached to them like property damage and medical bills have.
Emotional distress damages are a huge part of most personal injury cases, and it’s important to have that side of your case heard and recovered for. A Texas personal injury lawyer can ensure that your emotional distress damages are accounted for and help you determine what that may look like for your specific situation.
The Two Major Ways Emotional Distress is Calculated
Here are the two major ways that courts, lawyers, and insurance companies calculate emotional distress damages:
The Multiplier Method
This is one of the most commonly used approaches in personal injury cases. With the multiplier method, the total amount of economic damages or tangible damages, such as medical bills, property damage, and lost wages, is multiplied by a factor, typically between 1.5 and 5.
This multiplier will be dependent on a few variables, like the severity and duration of your symptoms.
The Per Diem Method
The per diem method works a little differently and is more granular. It assigns a daily dollar amount to the emotional suffering experienced by the victim. This daily rate is then multiplied by the number of days the individual is affected.
A Combination of Both Methods
In many cases, the deciding party may choose to use a combination of both the per diem and multiplier method for calculation. This provides the greatest flexibility and can cover the full scope of emotional distress a victim may be experiencing.
What Determines the Amount of Compensation Made Available for Emotional Distress Damages?
A few variables affect the amount of compensation that may be available for emotional distress damages.
Those variables include:
- Estimated duration of emotional distress: This takes into account an estimate of how long these damages may impact a person, for example, a few weeks, months, years, or their entire life.
- Severity of impact: How severe an emotional impact this may have on a victim will also be taken into consideration. For example, something like a car accident or assault may be more severe than a slip and fall.
- The impact it has had on everyday life: Parties will also look into how the emotional distress is impacting a victim’s everyday life, whether they can continue working, doing everyday activities, and leading their normal life.
- Medical impacts: This considers whether the emotional distress has been diagnosed or treated by a medical professional, such as a therapist, psychologist, or psychiatrist, and whether conditions like anxiety, depression, or PTSD have been identified.
- The amount and quality of the evidence: This looks at how much supporting documentation is available, such as medical records, expert testimony, personal journals, or witness statements, and how credible and consistent that evidence is.
- The intentions involved in the case: This considers whether the defendant’s actions were accidental, negligent, or intentional, as cases involving reckless or deliberate conduct may result in higher emotional distress damages. This can overlap with punitive damages.
Are There Limits to These Types of Damages?
In some cases, there may be limits, or “caps,” on non-economic damages, including emotional distress. These limits vary depending on the state and the type of case.
For example, in Texas, non-economic damages are capped in medical malpractice cases. Under Texas law, individuals can generally recover up to $250,000 in non-economic damages from a single healthcare provider, with an overall cap of $500,000 if multiple providers are involved. However, these caps typically apply only to medical malpractice claims.
In standard personal injury cases in Texas, such as car accidents, there is generally no cap on emotional distress damages. Understanding how these laws apply to your specific case is important when estimating potential compensation.
What are Some Examples of Emotional Distress?
The best way to think of emotional distress is the mental and emotional after-effects that serious injuries or attacks can have.
Some examples of emotional distress include:
- Depression and loss of enjoyment of daily life
- Anxiety and panic disorders
- Inability to sleep
- Post-traumatic stress disorder (PTSD)
- Social withdrawal and other behavioral changes
- Cognitive impairment
- Difficulty regulating emotions, such as anger or sadness
How Can a Lawyer Help Me With Claims That Involve These Damages?
A lawyer can be an essential part of your emotional distress damages claim. They can start with evaluating your case, then move on to helping you gather necessary evidence like medical records and testimonies from mental health workers, present your claim, and negotiate for you.
At The Texas Law Dog, we care deeply about our community and clients. When you decide to work with us for your case, you can rest assured that we will fight hard for you. Whether your case involves emotional distress or not, we are here to provide guidance.
Reach out to our firm any day of the week; we’re here 24/7, including evenings and weekends, to assist you whenever you need support.
