Emotional distress damages are a form of compensation for a plaintiff who has suffered from emotional or mental anguish due to the negligence of another party. It is a difficult form of damages to calculate, as it is not always easy to quantify the emotional pain and suffering of an individual. However, 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.”
The multiplier method 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 and 5. This number is meant to represent the intangible, non-economic damages suffered by the plaintiff, such as pain and suffering, emotional distress, and loss of enjoyment of life.
The multiplier method is not an exact science, and the number used can vary greatly depending on the severity of the injury, the amount of economic damages, and the jurisdiction in which the case is heard. The higher the multiplier, the more money the plaintiff is likely to receive. However, the court will take into account a variety of factors when deciding on the multiplier, such as the amount of medical bills, the length of time the plaintiff was in pain, and the extent of the emotional distress suffered.
In some cases, the court may also consider the plaintiff’s lifestyle before the injury, as well as any pre-existing mental health issues. This is because emotional distress damages are meant to compensate the plaintiff for the emotional pain and suffering caused by the injury, not for any pre-existing mental health issues.
When calculating emotional distress damages, it is important to remember that the goal is to provide the plaintiff with a fair and just settlement. The court will take into account a variety of factors when deciding on the multiplier, and the number used can vary greatly depending on the severity of the injury and the jurisdiction in which the case is heard. Ultimately, the goal is to provide the plaintiff with a fair and just settlement that will help them move on with their life.
