by Mark D. Lerner, Ph.D.
Clinical & Forensic Psychologist
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 your client is experiencing egregious emotional distress. The more items endorsed, the greater the likelihood that you have such a claim.
LERNER EED CHECKLIST (LEEDC)
Please place a check next to each item describing how you have felt during the last few weeks. I …
am experiencing feelings of nervousness and anxiety.
was physically harmed.
was the victim of an intentional act.
have been experiencing physical/health problems since the event(s).
turned to a mental health professional for help after it happened.
faced an experience that was outrageous or shocking.
am grappling with another person’s negligent actions.
am experiencing sleep problems.
feel frequent heart pounding/racing.
am experiencing nightmares.
have difficulty concentrating.
am having difficulty functioning.
feel embarrassed and/or humiliated.
have lost self-confidence.
am struggling with chronic headaches.
have been taking psychotropic/psychiatric medication.
am experiencing chest pain or stomach pain.
have turned to alcohol or illegal substances to cope.
am experiencing panic attacks.
feel jumpy or easily startled.
Have unusual thoughts that other people don’t have.
am feeling angry.
feel like a failure.
have difficulty remembering what happened.
am having thoughts of homicide/murder.
have incurred medical bills and/or out-of-pocket medical expenses.
have lost wages.
am experiencing chronic pain.
have frequent periods of crying.
am avoiding things I used to enjoy.
struggle with feelings of guilt.
am having eating problems.
have not told the truth about what happened.
have lost interest in sex.
am hearing voices telling me what to do.
have pursued medical treatment.
am feeling sad and depressed.
have experienced self-destructive thoughts.
see things that other people can’t see.
have become agitated or violent.
feel like I am being watched and followed.
have frequent recollections of the event(s).
struggle with “triggers” of the event(s).
am thinking about how I may commit suicide.
have a loss of interest in activities that I enjoyed.
am experiencing feelings of hopelessness.
am hypervigilant (e.g., watchful, cautious, or on guard).
© 2024 by Lerner Psychological Services, P.C.