Attorneys who observe emotional problems and functional impairment often question whether
pursuing a claim of emotional distress is advisable.
While there are “garden-variety” and “significant” claims of emotional distress, cases involving “egregious” emotional distress often result in awards well over $200,000.
The following checklist is a "litmus test" to determine if you are experiencing egregious emotional distress. The more items endorsed, the greater the likelihood that you have such a claim.
You:
❏ are struggling with anxiety, anger, and/or depression.
❏ are having difficulty functioning.
❏ have been experiencing physical/health problems since the event.
❏ have turned to a mental health professional for help.
❏ have faced an experience that was outrageous or shocking.
❏ are grappling with another person's or entity's negligent or intentional actions.
❏ are experiencing sleep or eating problems.
❏ feel frequent heart pounding/racing.
❏ have nightmares.
❏ have difficulty concentrating.
❏ are withdrawing from others.
❏ created a journal describing what happened.
❏ have little or no energy.
❏ have family, friends, and/or coworkers who can attest to the event(s).
❏ feel embarrassed and/or humiliated.
❏ have lost self-confidence.
❏ are struggling with chronic headaches.
❏ are experiencing chest pain or stomach pain.
❏ experience panic attacks.
❏ feel jumpy or easily startled.
❏ feel like a failure.
❏ have difficulty remembering what happened.
❏ were prescribed psychotropic medication.
❏ have incurred medical bills and/or out-of-pocket medical expenses.
❏ have lost wages.
❏ are experiencing chronic pain.
❏ have frequent periods of crying.
❏ struggle with feelings of guilt.
❏ have lost interest in sex.
❏ have pursued medical treatment.
❏ have experienced self-destructive ideation.
❏ turned to alcohol or illicit substances.
❏ have become agitated or violent.
❏ have frequent recollections of the event(s).
❏ have text messages/email where you described what happened.
❏ are struggling with “triggers” of the event(s).
❏ are experiencing flashbacks (i.e., feeling as if the event is happening again)
❏ have a loss of interest in activities that he/she enjoyed.
❏ are experiencing feelings of hopelessness.
❏ are hypervigilant (e.g., watchful, cautious, or on guard).