How to Calculate Emotional Distress Damages

If you’ve suffered psychological trauma after a personal injury in Boca Raton, you’re not alone—and you’re not without legal options. Florida law allows victims to pursue compensation for more than just physical harm. Emotional distress, though harder to measure, is a valid part of a personal injury claim. Understanding how to calculate emotional distress damages is essential when determining the full value of your case. At Hersh Kirtman, we help clients put real numbers behind emotional suffering—so you’re not left with less than you deserve. Speaking with an experienced Boca Raton personal injury lawyer can make all the difference in protecting your rights and securing the compensation you deserve.

What Qualifies as Emotional Distress in a Legal Case?

Emotional distress refers to mental suffering as an emotional response to a traumatic event or ongoing condition. These cases typically arise from incidents like car accidents, assaults, slip and falls, or medical malpractice.

You may be dealing with emotional distress if you’ve experienced:

• Persistent anxiety or panic attacks
• Ongoing depression or mood changes
• Trouble sleeping or recurring nightmares
• Difficulty concentrating or maintaining relationships

As defined by Cornell Law School, symptoms of emotional distress often include the inability to perform daily tasks or physical illness resulting from psychological trauma.

Courts distinguish between:

• Intentional Infliction of Emotional Distress (IIED): When the defendant’s behavior was reckless or intentional
• Negligent Infliction of Emotional Distress (NIED): When emotional harm results from negligent behavior, such as in many car crash cases

Understanding these categories helps determine which legal standard applies to your personal injury claim.

Common Methods Used to Calculate Emotional Distress Damages

Unlike economic damages like medical bills or lost wages, emotional distress doesn’t come with receipts. Calculating emotional distress damages involves assessing the severity of psychological trauma and its impact on a person’s life, often using a combination of methods and expert testimony. There’s no set formula, but legal teams and insurers often rely on the following approaches:

• Multiplier Method: This involves multiplying the victim’s total economic damages by a number (usually between 1.5 and 5) based on the severity of emotional suffering.
• Per Diem Method: A daily dollar value is assigned to the distress and multiplied by the number of days the person is expected to suffer.
• Expert Evaluation: Psychologists or psychiatrists may testify about the extent of harm, particularly in more severe or long-term cases.

Courts may also weigh:

• Medical records and therapy notes
• Testimony from loved ones and coworkers
• Journals or personal accounts documenting distress

Key Factors That Influence the Value of Emotional Distress Claims

There’s no cookie-cutter number for emotional distress, but several factors can significantly influence the outcome of your case:

• Duration of Symptoms: Ongoing emotional trauma typically results in higher compensation.
• Severity of Incident: More traumatic or violent events usually lead to stronger claims.
• Lifestyle Disruption: If distress prevents you from working, caring for children, or maintaining relationships, that impact carries weight.
• Type of Defendant Behavior: Outrageous, reckless, or intentional actions by the other party may boost the damages awarded.
• Plaintiff’s Background: A victim’s age, health, and personal history can affect how distress is perceived and valued in court.

These elements are usually evaluated in totality—not in isolation—by juries, judges, and insurance adjusters alike.

Michael Hersh

Founding Partner

A passionate advocate for injury victims, Michael transitioned from corporate law to fighting for individuals after a pivotal case defending an elderly couple. With over $100M in verdicts and settlements, he specializes in catastrophic injury and wrongful death cases, using his Trial Lawyers College training to powerfully tell clients’ stories.

Years of experience – Over 15 years
Elite Trial Advocate – Graduate, Trial Lawyers College
$35M Record Verdict – Catastrophic auto accident case

Get in touch: LinkedIn | Justia

Emotional Distress in Personal Injury vs. Other Civil Cases

Emotional distress is most commonly awarded in personal injury cases, but it may also be part of employment disputes, harassment, or defamation lawsuits. However, the way damages are assessed can vary significantly.

In personal injury cases:

• Emotional harm is often tied to physical trauma
• Claims are typically supported by medical records and therapy documentation
• Damages may be pursued as part of a larger compensation package

In contrast, non-injury cases rely more heavily on witness testimony and emotional impact without a physical component.

According to Real Life Counseling, people under emotional distress often experience:

• Increased emotional sensitivity
• Trouble focusing or remembering details
• Irrational decision-making
• Reliance on substances to cope

These signs can be used to support your claim with behavioral evidence, even when physical injuries have healed.

When to Seek Help From a Boca Raton Personal Injury Attorney

You shouldn’t have to shoulder the burden of proving emotional trauma on your own. Our team partners with trusted medical experts, mental health professionals, and qualified witnesses to build solid emotional distress cases for our clients in Boca Raton.

Insurers often try to minimize emotional injuries. We don’t let them. Just because the harm isn’t visible doesn’t make it any less real—or any less worthy of full compensation.

Get the Help You Need—Call Now for a Free Consultation

Emotional distress takes a real toll—sleepless nights, anxiety, and a loss of confidence can linger long after an injury. At Hersh Kirtman Injury Law, we know how to calculate emotional distress damages and push for the full amount you’re owed.

If you’re in Boca Raton and dealing with emotional trauma after an accident, call us at 561.208.3700 for a free, private consultation.