Emotional Distress Compensation.
What is Emotional Distress?
Emotional Distress is the intentional infliction of emotional discomfort on another person and is a common law tort that allows people to sue organizations and individuals for severe emotional distress caused by another person or entity who intentionally or recklessly inflicted emotional distress by behaving in an “extreme and outrageous” way.
What are the types of emotional distress?
There are two types of emotional distress cases, negligent and intentional.
You can claim monetary compensation for the emotional distress the discrimination has caused you – this is called ‘injury to feelings.
You’ll need evidence of this and if you have it documented as I have through my “online journal” you can build a case against the perpetrator or entity which needs to show how the discrimination made you feel.
You will need witnesses or evidence of who you are naming and blaming and you need to start asking your family, friends, colleagues, medical professionals, or support workers if they’ll be witnesses to how the discrimination affected you.
An injury to feelings claim is a claim that can be made as part of a judgment, discrimination, humiliation, mental and physical abuse claim but not an unfair dismissal claim. It is a claim for compensation for the upset, distress, or anxiety a person might have suffered as a result of discrimination, humiliation, mental abuse, physical abuse.
Negligence Emotional Distress: As an example, my GP’s surgery has failed in their duty of care and as a consequence has caused me emotional distress.
Intentional Emotional Distress: Another example of an entity(s) that caused a domino effect caused me emotional distress.
The purpose of an injury to feelings award is to compensate the individual for the hurt and distress they have suffered rather than to punish the entity or (person held liable) for the discriminatory conduct. However, the sum awarded should not be so high that it amounts to a windfall nor should it be so low that it diminishes respect for the law.
In the well-known case of Vento v Chief Constable of West Yorkshire Police No. 2 (2003) the Court of Appeal set guidelines on the amount of compensation to be given for injury to feelings (the so-called Vento bands) as follows:
- The lower band which is appropriate for less serious cases such as where the act of discrimination is an isolated or one off occurrence.
- The middle band for serious cases which do not merit an award in the highest band.
- The top band for the most serious cases such as where there has been a lengthy campaign of discriminatory harassment. In exceptional circumstances, the top band can be exceeded.
Subsequent case law established that a 10% uplift should be applied to any award and that the Vento bands should be increased annually in line with inflation.
For claims brought on or after 6 April 2019 the current bands are:
**Please Note Stress & Anxiety Compensation:
In case of prolonged symptoms, your compensation claims could range between £48,000 to £101,000.
For mild psychiatric damage, your compensation claims could range between £1,300 to £5,000.
Business Emotional Distress.
Tortious interference, also known as intentional interference with contractual relations (is a business dispute), in the common law of torts, occurs when one person intentionally damages someone else’s contractual or business relationships with a third party, causing economic harm.
As an example, someone could use blackmail to induce a contractor into breaking a contract; they could threaten a supplier to prevent them from supplying goods or services to another party, or they could obstruct someone’s ability to honor a contract with a client by deliberately refusing to deliver necessary goods.
A tort of negligent interference occurs when one party’s negligence damages the contractual or business relationship between others, causing economic harm, such as, by blocking a waterway or causing a blackout that prevents the utility company from being able to uphold its existing contracts with consumers.
Can you sue your ex for emotional distress?
Yes, you can, as a general rule, you can sue for emotional distress, if your ex has caused you mental health issues and as a consequence, you are depressed and have PTSD you can sue this person.
In fact, whether you are filing an insurance claim or pursuing a personal injury action in court, your emotional distress damages are accounted for as a significant part of your financial recovery.
To prove a claim for intentional infliction of emotional distress a plaintiff must prove that:
- The defendant’s conduct was outrageous and caused you distress.
- The conduct was either reckless or intended to cause emotional distress
- As a result of the defendant’s conduct the plaintiff suffered severe emotional distress (depression, PTSD, anxiety, stress, social disconnection, ocd).
Causes of Emotional Distress Include:
- Mental Abuse
- Physical Abuse
- Loss of a Job
- Failed Business
- Medical Malpractice & Negligence
- PTSD from witnessing a loved one’s premature death
- Insecurity of knowing the unkown, when an entity playing mind games with your financial status and does not respond to you in a quick and timely manner.
Symptoms of Emotional Distress:
- Loss of Apetite or Comfort Eating.
- Insomnia, finding it hard to sleep.
- Social Distancing, pulling away from people and things.
- Feeling lethargic, having low or no energy
- Having unexplained aches and pains, such as constant stomach aches or headaches
- Low Self Esteem. Feeling helpless or hopeless
- Excessive smoking, drinking, or using drugs, including prescription medications
- Constant worrying,
- Thinking of hurting or killing yourself or someone else.
Often cases such as domestic violence can lead the victim to either criminal or civil proceedings, and he or she will need to decide which option to follow first or which to devote energy to before seeking both options. Emotional distress is usually one aspect of pain and suffering that the judge may award in compensation.
Although the above explains the legal side of things you have to be prepared to name and blame the entities and expect the repercussions of the aftermath of your litigation.
You have two choices and that is you let your negative feeling go and never mention them again (bury your emotions) or you go down the route to seek monetary compensation.
In my lifetime I would have already been a millionaire by now had I chosen to sue everyone that did me wrong.
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