California personal injury laws recognize two causes of action that can be used by an individual who seeks compensation for mental anguish. In civil law, “mental anguish” is referred to as “emotional distress.” The term “emotional distress” covers the range of symptoms of extreme emotional upset that an individual might experience as a result of another’s negligence or intentional wrong.
So, an individual may suffer anxiety, depression, post traumatic stress disorder (PTSD), anger, sadness and/or other strong and upsetting emotions and they would all come within the definition of “emotional distress.” A local attorney in California would be able to provide more information.
The 2 causes of action that are available for an emotional distress lawsuit are as follows:
- Negligent Infliction of Emotional Distress (NIED): This is alleged in a complaint when one individual’s negligence causes another to suffer severe emotional distress.
- Intentional Infliction of Emotional Distress (IIED): This is alleged in a complaint when one individual’s intentional or reckless actions cause another to suffer severe emotional distress.
California law allows both types of emotional distress claims. An individual with questions about emotional abuse laws in California would want to seek legal advice.
What Kind of Lawsuit Includes Mental Anguish?
An individual may include an allegation of NIED or IIED in any civil lawsuit if the facts of their situation support the allegation. For example, In some cases in which a defendant intended to harm the victim without physically injuring them, e.g., a case for harassment or defamation, the victim might allege NIED OR IIED.
Severe emotional distress, even without the presence of injuries, can lead to various types of mental conditions such as PTSD, depression, or anxiety.
An individual would claim NIED if the following is true:
- The defendant acted negligently, and
- Directly caused the victim to suffer significant emotional distress.
Of course, the victim must also establish that the defendant owed them a duty of care. If they breached the duty of care by acting negligently, then they can be liable to compensate the victim for their losses related to their injury, whether the injury is physical or emotional only.
An individual may also sue for NIED as a bystander. This claim would require the victim to present evidence to prove the following:
- They are and were at the time of the incident closely related to a third-party
- The defendant’s acted negligently and caused physical injury or death to the third-party
- The victim was present at the scene of the injury to the third-party at the time it occurred
- The victim was aware of the injury to the third-party
- As a result of the incident, the victim reasonably suffered severe emotional distress of a kind that would not be experienced by a bystander who was not related to the third-party.
The term “close relative” has been defined to mean a spouse, domestic partner, or other relative who lives in the same household with the third-party, the victim’s parents, siblings, children, and grandparents. Again, the relative relationship is critical, and unmarried cohabitants would not qualify as “close relatives.”
Most California lawsuits include suing for mental anguish. They may do that by claiming damages for pain and suffering or by alleging infliction of emotional distress. These claims may be included in lawsuits that allege any of the following:
- Strict product liability
- Premises liability, e.g. for slip and fall and trip and fall accidents
- Wrongful death
- Medical malpractice
- Intentional torts, such as assault
- Car accidents.
How Does One Prove Mental Anguish?
Emotional distress is a type of non-economic damage, and it might be more challenging to prove than it is to prove physical injury and the pain and suffering that may go with that. However, it can be done.
If an individual suffers physical injury in addition to mental anguish, it may strengthen their claim, but, again, it is not necessary for a claim to succeed. What a victim must prove is that their mental anguish, or emotional distress, has been severe and significant.
A victim can often show that they suffered physical symptoms of mental anguish, such as the following:
- Panic attacks
- Depression
- Insomnia
- Nightmares
- Flashbacks
- Fatigue, muscle tension, and chronic headaches.
A victim might consult with a social worker, psychologist or psychiatrist for treatment for the symptoms of their anguish. These professionals would then document the victim’s symptoms and any treatment that was provided. Medical records regarding a victim’s symptoms, diagnoses, and treatment would be among the best items of evidence for proving emotional distress in court.
When a person suffers emotional distress, they should also keep a detailed diary of their experience, noting especially any physical symptoms that they experience. They might also ask family members and friends to note their experience of the victim’s distress. Again, one should take special note of such physical symptoms as loss of appetite, overeating, headaches, and/or insomnia.
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How To Calculate Damages for Mental Anguish
California law limits the amount that a victim of medical malpractice may claim for their pain and suffering. In a medical malpractice case, a victim may recover a maximum of $250,000 in pain and suffering or other non-economic damages.
Actually the law in California does not specify any clear-cut method for calculating emotional distress or pain and suffering. A victim must produce testimony from witnesses such as doctors, nurses, social workers, and psychologists, as well as family members, friends, and co-workers.
These witnesses can testify to the victim’s experience and how it has negatively affected their life and activities. Again, a diary and even videos, if the impact can be captured in video, can help support a claim. Of course, a video is likely to be of most use in a case in which the emotional distress is the pain and suffering associated with significant physical injury, e.g., the loss of a limb.
Again, if a victim’s emotional distress is related to physical injuries, then they might even seek the services of expert witnesses, such as a life care planner and or an economist. These experts could help specify needs for future care and quantify future effects. They would help especially to produce numbers to quantify a person’s suffering.
Calculation Methods for Damages
There are 2 popular methods for calculating an amount for damages for mental anguish in California as follows:
- The Multiplier Method: This method depends on having economic losses for such items as medical bills and lost income. It then relies on these numbers to calculate non-economic losses by multiplying the total for economic losses by a fixed number, usually from 1.5 to 4 to arrive at non-economic damages.
- The Per-diem Method: The per-diem method involves asking the judge or jury to determine a daily rate for a victim’s pain and suffering. That number is then multiplied by the number of days the victim has suffered and will suffer in the future.
Other factors that may affect the size of an award for non-economic damages are the location where the trial is held, the place in which the incident occurred, and other intangibles because certain locations within certain states are known for being more generous to victims than other places. In the final analysis, proving an amount for non-economic damages may be more of an art than a science.
Do I Need a Lawyer if I Am Looking To Recover Damages for Mental Anguish?
If you have been the victim of negligence or an intentional wrong that has caused you to experience significant emotional distress, you want to consult a California personal injury lawyer.
LegalMatch.com is able to quickly connect you to an experienced lawyer who can review the facts of your situation and guide you through the legal process so you can get the compensation you deserve.
