Emotional distress is generally awarded as part of a victim's non-economic losses from an accident. Your attorney will weigh the severity of your distress and how it has affected your life to determine the compensation amount for this type of damage.
Here are some methods a lawyer can use when calculating pain or emotional distress damages:
The Multiplier Method. This method takes the total of economic damages in your case and multiplies it by a number between 1 and 5. That multiplier number depends on the severity of your injuries.
Per Diem Method. Using this method, your attorney will designate a specific dollar amount to every day that passes from when the accident occurred to when you fully recovered or are expected to make a full recovery.
Every accident and outcome is different. Because of this, there is no set amount for emotional distress compensation. An experienced attorney will use the method that is most appropriate in your case and fairly represents your losses.