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.
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