Emotional Distress Attorney Near Me – Workplace discrimination, sexual harassment and retaliation take an emotional toll. If you’ve been abused at work, you’ve probably thought, “Can I sue my employer for emotional distress?”
Fortunately, victims of labor violations can sue for emotional damages. In this article, we will explain the emotional distress lawsuit process and how to file an emotional distress lawsuit.
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Emotional distress is the mental distress experienced by employees as a result of discrimination, harassment or a hostile work environment in the workplace. 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 losses can be as powerful as the loss of a lifelong relationship or the discovery of a terminal illness, according to industrial psychologists.
In an emotional distress lawsuit, the jury decides how much compensation to award the employee. It is not unusual for juries to award millions in damages for emotional distress.
However, juries do not determine the final amount the author receives. Judges can (and do) reduce the harm caused by emotional distress, sometimes dramatically.
Victims of wrongful termination can receive back pay. These compensations pay for what the employee would have earned without being fired. Redundant workers can also receive an advance payment to cover lost future earnings.
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Courts can also award punitive damages. These punish employers for breaking laws against discrimination, sexual harassment and other employment offences.
The damage caused by emotional distress occurs in different ways. Although courts do not use a specific standard, they generally classify damages into a few common categories: miscellaneous, substantial and egregious.
As one law put it, a plaintiff with various claims “describes his injury in vague or definite terms, without specifying the severity or consequences of the injury.”
However, unlike ordinary emotional distress, courts expect more evidence to establish substantial emotional distress. This may include evidence that the victim sought help from their doctor or saw a therapist or counsellor. Corroborating witness testimony can also demonstrate significant emotional distress.
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Most courts classify appalling emotional distress as cases of “outrageous or shocking conduct.” This category also includes labor crimes that had a significant impact on the physical health of the victim.
Emotional pain and suffering can take many forms. When evaluating a claim for emotional distress, courts look for evidence of mental anguish, emotional trauma, or a newly diagnosed mental health disorder.
Counselors or therapists can testify about emotional harm or mental health disorders. Victims and their co-workers or family members may testify to injuries, insomnia, or other forms of mental distress. The next section explains how to prove emotional distress.
For example, a judge upheld 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 ‘gay child abuser’ and that the plaintiff had been suicidal for years.”
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In a racial discrimination case, the victim was awarded $1.3 million after years of harassment from co-workers. The extreme harassment caused “post-traumatic stress disorder, short-term adjustment disorder, depression, panic disorder and several hospitalizations.”
In a disability discrimination case, the victim was awarded $600,000 after the jury heard evidence of trauma and severe emotional harm.
Judges and juries look for specific evidence to award damages for emotional distress. But what counts as strong evidence?
The employee can testify about the emotional harm caused by discrimination, harassment or retaliation. Similarly, colleagues, family members or friends can act as witnesses to describe how the workplace offense affected the complainant.
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Providing letters, emails, text messages and other written evidence of pain and emotional suffering will help strengthen the evidence.
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 you prove your case.
Victims of labor crimes sometimes suffer from depression or anxiety. Evidence that a mental health professional has diagnosed the victim as suffering from a mental health disorder can increase damages in an emotional distress suit. Similarly, a professional who prescribes medication to manage emotional harm can help to experience emotional pain and suffering.
In addition to the evidence provided by the plaintiff, the courts also consider the severity and duration of the labor break. Longer or more severe harassment may result in higher compensation.
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During an employment lawsuit, juries award damages for emotional pain and suffering. However, the judge may reduce “excessive” awards. For example, in a 2014 case, a Manhattan judge reduced emotional distress damages from $250,000 to $80,000. The judge decided 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 evidence.
These examples offer guidance to people considering legal action for emotional distress. More evidence usually translates into a higher damage award. New York courts often uphold damages in excess of $200,000 when mental health experts testify about a victim’s emotional trauma and mental distress.
If you are experiencing emotional distress due to a breach of employment, there are specific steps you can take to increase your chances of compensation.
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First, consider discussing the situation with your doctor, especially if you are experiencing insomnia, increased anxiety, or stress due to harassment, discrimination, or wrongful termination.
Second, start gathering documents that prove your emotional distress. For example, emails or messages that talk about your emotional state and the reasons for it.
Third, make a list of people who can serve as witnesses. Colleagues who witnessed the break in employment, friends who supported you through job loss, and family members or a member of the clergy who can testify about your state of mind can strengthen your case.
Finally, an emotional distress attorney can help you prove emotional distress and maximize damages from a lawsuit. Complainants need someone on their side who understands the law and will fight for their rights. Most employment cases are settled out of court – a lawyer can also ensure you get a fair settlement.
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Emotional distress means mental distress such as sadness, anxiety, anger or other distressing feelings. In a legal context, courts award damages for emotional distress. For example, if harassment or discrimination at work affects your mental health, you may be able to recover damages for emotional distress.
Yes, you can sue your employer for emotional distress. This is called the emotional distress process. When you sue for emotional distress, you must prove that your employer violated your rights and caused you emotional harm. Discrimination, retaliation, unfair dismissal and harassment can cause emotional distress. Contact an emotional distress attorney to learn more.
Compensation in an emotional distress lawsuit depends on the facts of the case and the strength of your evidence. New York courts typically award damages of $30,000 to $200,000 or more for emotional distress. For more information on calculating damages for emotional distress, contact an emotional distress attorney.
Charles Joseph has more than two decades of experience in employment law. He is the founding partner of Joseph and Kirschenbaum, a firm that has recovered more than $140 million for clients, and the creator of Working Now and Then. In the crippling workplaces of Los Angeles, emotional distress often lurks in the shadows, affecting countless people who may not even realize they have the right to seek help and compensation. This silent affliction is more common than you might think. Imagine the dedicated employees who face harassment, discrimination and emotional abuse every day in the workplace, leaving them with scars deeper than meets the eye. Anxiety, depression and panic attacks become unwelcome companions and the impact on your emotional well-being can be overwhelming.
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At Kirakosian Law in Los Angeles, we understand the profound impact that emotional distress can have on people’s lives. That is why in this blog we will shed light on this often hidden aspect of workers’ rights and offer our expertise to those who need it most. We believe that no one should suffer such difficulties in silence and we are here to ensure that your emotional well-being is protected.
Emotional distress in the context of the law refers to psychological distress or trauma experienced by a person as a result of the wrongful acts or negligence of another party. It is an essential element of many legal cases, especially in cases involving personal injury, harassment, discrimination, or intentional infliction of emotional distress. Here is a more detailed examination of emotional distress in the legal context:
In tort law, there are two main types of emotional distress cases: intentional infliction of emotional distress (IIED) and negligent emotional distress (often called a bystander action).
IIED occurs when someone intentionally or recklessly causes serious emotional distress to another person, such as a threat of physical harm or outrageous behaviour.
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To prove an IIED case, it is usually necessary to show that the defendant acted intentionally or recklessly and that their actions were so extreme that they caused severe emotional distress that could harm a person’s mental health.
However, it is important to note that freedom of speech rights can sometimes limit IIED claims. Talking negatively about someone, especially if they are a public figure, is usually not enough for a case of IIED. The person’s behavior must be truly outrageous, going beyond mere criticism or expressing unpopular ideas.
For example, IIED may be relevant if someone shouts repeatedly
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