What are garden variety emotional distress damages?
What are garden variety emotional distress damages?
1) a cause of action for intentional or negligent infliction of emotional distress; (2) an allegation of specific mental or psychiatric injury or disorder; (3) a claim of unusually severe emotional distress; (4) plaintiff’s offer of expert testimony to support a claim of emotional distress; and/or (5) plaintiff’s …
What is garden variety emotional distress California?
In the interest of balancing privacy rights versus discovery rights, courts have allowed litigants to claim “garden variety” emotional damages. Garden variety emotional injuries are those that an ordinary person would experience in a similar situation arising from the incident.
How is emotional distress damages calculated in California?
California doesn’t have a set formula for calculating pain and suffering. In order to recover damages for pain and suffering (including mental distress and other economic damages), the plaintiff must prove that they suffered this harm or are certain to suffer in the future as a result.
How do you quantify damages?
Therefore, damages are usually measured by the difference in value between the contemplated and actual performance of the contract. To establish entitlement to damages, the claimant is also required to show that adequate steps have been taken to mitigate the damage resulting from the defendant’s actions.
How do you calculate damages?
There is no specific formula to calculate damages as they are usually determined based on the actual expenses of the victim and compensation for their pain and anguish. Compensation should make the injured person “whole” again.
Can you get compensation for stress?
If a genuine stress-related illness, caused by the conditions under which an employer has made you work, could be described as a personal injury, and if it can be shown that your stress is down to employer negligence, you have a very good chance of successfully claiming personal injury compensation.