Relevant Documentation: Any documents that can demonstrate changes in your lifestyle or abilities, such as decreased work performance evaluations or records of missed activities, are valuable. These documents can show a before-and-after snapshot of your life, highlighting the impact of the emotional distress.
New York recognizes the tort of intentional infliction of emotional distress. Intentional infliction of emotional distress allows people to recover for being subjected to conduct that is so extreme that real tangible emotional damage results.
In severe cases, emotional distress can also lead to lost income or diminished earning capacity, for which claimants may seek compensation. The amount of damages awarded will depend on factors such as the severity of emotional distress, impact on daily life, and specific circumstances of the case.
Once the attorney has argued for emotional distress damages, he or she will then calculate a settlement amount using what's called a “multiplier method.” It works by adding up all the tangible or economic damages, like medical costs and lost wages, and then multiplying that sum by a given number, usually between 1.5 ...
Examples of negligent infliction of emotional distress can include: Witnessing a family member or loved one's serious injury or death. Being involved in a traumatic accident caused by someone's negligence. Enduring emotional harm due to someone's careless actions.
New York does not impose any statutory caps or limits on damages for pain and suffering. There is no specific dollar amount that acts as a hard limit on damages for pain and suffering. This means your damages may be as great as you see fit, at least within reason.
How much can I sue for emotional distress? The damages in an emotional distress lawsuit depend on the facts of the case and the strength of your evidence. New York courts typically award anything from $30,000 to $200,000 or higher in damages for emotional distress.
Medical records that attest to the victim's injuries or diagnosis of mental health conditions, such as PTSD, anxiety, and depression, are among the most important pieces of evidence that prove emotional distress in court.
Generally, these claims are worth $30,000-$50,000. The second type of emotional distress claim is one that is worth more than $50,000 up to hundreds of thousands of dollars, depending on the factual circumstances.