Emotional Distress Damages in Settlements

Victims of an accident can experience both physical and psychological trauma. Signs of emotional distress include anxiety, panic attacks, depression, insomnia, debilitating fear, social withdrawal, anger, mood swings, etc. These symptoms can be serious, and you are entitled to compensation if they negatively impact your quality of life or ability to work.

An experienced car accident attorney Phoenix can help evaluate your situation and calculate the value of your emotional distress. Your attorney can explain the evidence that needs to be collected to make a claim for emotional distress, what a settlement demand letter is, and how non-economic damages are valued.

How Compensation for Emotional Distress Is Calculated

In Arizona, there is no cap on the amount that a victim can claim for emotional distress. The amount negotiated or awarded by a court will depend on the severity of the accident, the severity and duration of the symptoms (permanent versus temporary), the strength of the evidence, and the economic losses resulting from the emotional distress.

There is no single method for calculating damages for emotional distress. However, methods commonly used include:

• Multiplier method: The total amount of medical bills and tangible damages is multiplied by a number that usually ranges from 1.5 to five.

• Per diem method: The victim’s average daily earnings and multiplied by the number of days of distress, or the number of days they are expected to suffer distress.

•  Financial impact method: The actual cost of psychological and emotional treatment for trauma.

An award for non-economic damages like emotional distress is meant to cover the psychological damage caused by the accident, the reduction in the victim’s quality of life, medication, psychiatric care, and the costs associated with past, current, and ongoing therapy.

Methods for Calculating Emotional Distress Damages

Other Considerations

It’s essential that accurate and complete records of all expenses and lost wages related to emotional distress (along with any supporting documentation) be collected and maintained. These might include medical records, witness statements from family and friends about your state of mind and behaviors, expert testimony, etc. In general, the stronger the evidence, the more compensation your attorney can negotiate on your behalf.

Similar to physical injuries, there is a two-year statute of limitations in Arizona for making a claim for emotional distress. The two-year clock starts ticking from the time of the accident or from the time the victim starts to experience emotional distress. However, there are certain circumstances when the statute of limitations is much shorter than two years. An experienced attorney will be aware of these issues and can guide you accordingly.

Choose Gage Mathers to Fight for Your Rights

At Gage Mathers, we care about our clients and will fight diligently for your rights so you can focus on your recovery. We’ve proven our worth time and time again and have recovered more than $325 million for victims of wrongdoing.

Contact us today to discuss the emotional distress you are experiencing and how our attorneys can help you receive the compensation you deserve!

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
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