Emotional distress refers to mental suffering as an emotional response to an experience that arises from the effect or memory of a particular event, occurrence, pattern of events or condition.
Although the name is self-explanatory, emotional distress damages can cover a range of harms, including: diagnosed psychiatric condition (such as depression or anxiety disorder); sleeplessness; loss of enjoyment of life and mental anguish; reputational harm; and.
Maryland law, however, does not make it easy to bring an intention infliction of emotional distress claim. To bring this tort, the plaintiff must demonstrate a “truly devastating effect” from the defendant's behavior. The emotional response must be so awful that “no reasonable person could be expected to endure it.”
To support a personal injury claim for emotional distress, it is important that you can prove the occurrence of negligence. To do this, you should seek medical attention for your psychological damage and/or physical injuries and obtain a copy of the medical records produced.
One of the most common approaches to emotional distress compensation involves taking the total of your economic damages and multiplying it by a number between 1.5 and 5, depending on the severity and duration of your mental distress.
Evidence. Medical records of therapy sessions or diagnoses related to emotional distress. Witness statements from individuals who observed your emotional state. Personal journals or diaries documenting your emotions and their connection to the defendant's conduct.
Intentional infliction of emotional distress claims are often included in lawsuits, but they tend to be among the claims most commonly dismissed early in the process. Unless you also have other stronger claims to pursue or your case is extremely unusual, it's not going to be worthwhile to pursue such a claim.
You would need evidence that includes witnesses to events causing emotional distress, written documentation, video or voice recordings as well. You need to prove your employer singled you out and that this was not a management style or democratic approach to dealing with employees.
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.