There’s really no precise formula that the courts use to measure emotional distress damages. But there are a number of different factors that they’re going to look into and weigh. Some of those factors include, did you have to go see a psychiatrist or a psychologist as a result of the emotional distress you suffered at work? If you did, did you have to take some prescription medication? Were you actually diagnosed with a specific medical condition such as depression? In those types of cases where you’ve seen a professional therapist and there is a diagnosis, the damages are generally going to be on the higher side.
Another common way that they evaluate emotional distress damages is just through your own testimony. You bring in your family, your friends and they explain to the court the changes they’ve seen in you, the sleeplessness, the strained familial relationships, those types of things. Those are still compensable damages, you will get emotional distress damages awarded but generally, it’s going to be on the lower side than if you actually have a professional testifying about your medical condition.
Maryland Washington DC Virginia Discrimination Attorneys
Hiring a proven and effective advocate is critical to obtaining the maximum recovery in an employment discrimination case. Eric Bachman, Chair of the Firm’s Discrimination Practice, has substantial experience litigating precedent-setting individual and class action discrimination cases. His wins include a $100 million settlement in a disparate impact Title VII class action and a $16 million class action settlement against a major grocery chain. As Special Litigation Counsel in the Civil Rights Division of the Department of Justice and as lead or co-counsel in numerous jury trials, Bachman is a litigator ready to fight for you to obtain the relief that you deserve.
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