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If you are considering filing a claim for emotional distress, here are five things you'll need to demonstrate to the courts:1) Symptom onset and duration.2) The intensity of your emotional distress.3) Associated physical symptoms.4) The root cause of your emotional distress.5) Validation from medical professionals.
In order to have a valid emotional distress claim, you must show (1) the distress is more than fleeting, (2) the defendant's conduct caused the distress, and (3) the distress is medically significant. Most states also require you to prove physical injuries related to your emotional distress.
Here are some signs that you are emotionally distressed at work as a result of harassment:Fear of being laid off. One common emotional distress signal of a hostile workplace is having a constant fear that your employer will fire you.Pressure/anxiety to perform.Loss of interest.Extreme fatigue.
Steps to Take Before Filing for Breach of ContractConsider the Statute of Limitations.Breach of Contract Must Be Material & Cause Damage.Mediation & Arbitration.Determine the Appropriate Court to File Your Lawsuit.Determine How You Will Serve the Defendant.Prepare Your Complaint and Documentation.Hiring an Attorney.
The Multiplier Method With the multiplier method, the first step is to calculate the current and future financial costs of your injuries. Then, damages for your emotional distress are determined by multiplying this amount by a number that is typically between 1.5 and 5.