Can You Sue For Emotional Distress – Workplace discrimination, sexual harassment and retaliation take an emotional toll. If you’ve been abused at work, you’ve probably asked yourself, “Can I sue my employer for emotional distress?”
Fortunately, victims of labor law violations can sue for emotional damages. In this article, we will explain the process for suing for emotional distress and how to file a lawsuit.
Can You Sue For Emotional Distress
Emotional distress is the psychological distress experienced by employees due to workplace discrimination, harassment, or a hostile work environment. Lawsuits for wrongful termination, retaliation and sexual harassment often award damages for emotional distress.
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The traumatic effects of work problems and job loss can be as powerful as the loss of a lifelong relationship or learning of a terminal illness, according to professional psychologists.
In emotional distress cases, the jury decides how much damages to award the employee. It is not uncommon for juries to award millions in damages for emotional distress.
However, jurors do not determine the final amount the plaintiff will receive. Judges can (and do) reduce the harm caused by emotional distress, sometimes dramatically.
Victims of unfair dismissal can receive back pay. These damages pay what the employee would have earned without being fired. Redundant employees can also receive compensation in advance to cover future loss of income.
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Courts can also award damages. These punish employers who violate laws against discrimination, sexual harassment and other employment violations.
The damage caused by emotional distress comes in many forms. Although courts do not use a set standard, they generally classify damages into a few common categories: garden variety, substantial, and extreme.
As one law puts it, a plaintiff with a garden variety claim “describes his injury in vague or conclusory terms, without relating the injury’s severity or consequences.”
But unlike emotional distress in gardens, courts expect more evidence to reveal significant emotional distress. This may include evidence that the victim sought help from their doctor or saw a therapist or counselor. Corroborative evidence from witnesses can also demonstrate significant emotional distress.
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Most courts classify gross emotional distress as “outrageous or shocking conduct.” This category also includes violations of labor law that had a significant impact on the victim’s physical health.
Emotional pain and suffering can take many forms. When evaluating an emotional distress lawsuit, courts look for evidence of mental anguish, emotional trauma, or a recently diagnosed mental illness.
Counselors or therapists may report emotional injuries or mental health problems. Victims and their colleagues or family members may report depression, insomnia or other forms of psychological distress. The next section explains how to prove emotional distress.
For example, a judge established an award of nearly $500,000 in a case where “the plaintiff’s career was destroyed because the defendant spread rumors that the plaintiff was a ‘homosexual child abuser’ and the plaintiff became suicidal for years.”
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In a racial discrimination case, the victim was awarded $1.3 million after years of harassment by co-workers. This extreme harassment caused “post-traumatic stress disorder, short-term adjustment disorder, depression, panic attacks, and multiple hospitalizations.”
In a disability discrimination case, the victim was awarded $600,000 after the court heard evidence of severe emotional trauma and depression.
Judges and juries look for specific evidence to award damages for emotional distress. But what constitutes solid evidence?
The employee can testify about the emotional harm caused by the discrimination, harassment or retaliation. Likewise, co-workers, family members or friends can serve as witnesses to describe how the employment offense affected the complainant.
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Providing letters, emails, texts and other written evidence of emotional pain and suffering will help strengthen the testimony.
Documentation from a mental health professional can also help prove emotional distress. If the victim went to a therapist or counselor to talk about what happened, these records can help prove their case.
Sometimes victims of employment violations suffer from depression or anxiety. Evidence that a mental health professional has diagnosed the victim with a mental disorder can increase damages in an emotional distress lawsuit. Likewise, a professional who prescribes medication to deal with emotional injury can help demonstrate emotional pain and suffering.
In addition to the evidence provided by the claimant, courts also consider the seriousness and duration of the labor law violation. Prolonged or more serious harassment may result in a higher reward.
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In an employment lawsuit, juries award damages for pain and emotional distress. However, the judge can reduce “excessive” compensation. For example, in a 2014 case, a Manhattan judge reduced emotional distress awards from $250,000 to $80,000. The judge argued that the plaintiff had not provided sufficient evidence of lasting emotional impact.
In a 2008 case, another judge reduced the award from $125,000 to $25,000 because the trial did not include medical testimony.
These examples provide guidance to people considering legal action for emotional distress. More evidence generally leads to higher damages. New York courts often uphold awards in excess of $200,000 when mental health experts testify about the victim’s emotional trauma and mental anguish.
If you are experiencing emotional distress due to an employment violation, there are concrete steps you can take to improve your chances of receiving compensation.
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First, consider discussing the situation with your doctor, especially if you are experiencing insomnia, increased stress or anxiety due to harassment, discrimination or wrongful termination.
Second, begin gathering documentation that supports your emotional distress. For example, emails or text messages that talk about your emotional state and its causes.
Third, make a list of people who can serve as witnesses. Co-workers who witnessed the employment violation, friends who supported you during the loss of your job, and family members or a member of the clergy who can testify about your mental state can all strengthen your case.
Finally, an emotional distress attorney can help you prove your emotional distress and increase your damages after a lawsuit. Plaintiffs need someone on their side who understands the law and will fight for their rights. Most employment matters are settled out of court – a lawyer can also ensure you get a fair settlement.
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Emotional distress refers to psychological distress such as sadness, anxiety, anger or other distressing emotions. In a legal context, courts award damages for emotional distress. For example, if harassment or discrimination in the workplace affected your mental health, you may receive damages for emotional distress.
Yes, you can sue your employer for emotional distress. This is called an emotional distress process. When you file an emotional distress claim, you must prove that your employer violated your rights and that it caused you emotional harm. Discrimination, retaliation, wrongful termination and harassment can all cause emotional distress. Contact an emotional distress attorney to learn more.
Damages in an emotional distress lawsuit depend on the facts of the case and the strength of your evidence. New York courts typically award between $30,000 and $200,000 or more in emotional distress damages. To learn more about how to calculate emotional distress damages, contact an emotional distress attorney.
Charles Joseph has more than two decades of experience in employment law. He is the founder of Joseph and Kirschenbaum, a firm that has recovered more than $140 million for its clients, and the creator of Working Now and Then. When you think of a dog accident or bite, what comes to mind first? Of course there would be a physical injury and the pain that comes with it. Am I right? But there is another side of the coin that is often overlooked. This is the psychological harm or emotional distress associated with the injury.
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In this blog, we will delve into the details of an emotional distress lawsuit. Before that, let’s first understand what emotional distress is.
The trauma of a personal injury can lead to changes in the victim’s emotional state, which in court is called emotional distress. Is emotional distress a bodily injury under the law? Yes. Emotional suffering also constitutes personal injury and the plaintiff is entitled to compensation.
The emotional distress resulting from bodily injury is often more devastating than the physical injury. Emotional distress cases result from accidents that cause distress or injury, such as car accidents, pedestrian accidents, bicycle accidents, workplace accidents, animal attacks, product damage, etc. Because psychological injuries are not measurable or visible like physical injuries, they are not considered significant in some lawsuits.
An experienced medical review team can easily identify important evidence of emotional distress from medical records.
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Victims of physical trauma react to the trauma in different ways. The severity of the accident, the victim’s physical condition and the effect on the brain are the most common factors that determine the psychological damage to a victim. In children and the elderly, susceptibility to emotional distress is associated with events such as traffic accidents, animal attacks, etc.
Symptoms of emotional distress can vary from one individual to another. No two people involved in a personal injury need have the same degree of emotional response to the trauma. Symptoms of emotional distress associated with traumatic injury are often seen here.
Post-traumatic stress disorder, chronic pain, traumatic brain injuries, anxiety disorders, specific phobias and depression are the most common psychological injuries associated with personal injuries.
It is an extreme mental state that is triggered by experiencing a terrible event such as an accident or injury. Studies indicate
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