Understanding the Valuation of Emotional Distress in Personal Injury Cases

The valuation of emotional distress in personal injury cases is a complex and often emotionally charged issue, primarily determined by the jury and influenced by the legal arguments presented. Unlike tangible damages such as medical bills or lost wages, emotional distress is subjective and highly dependent on empathy and the jury's personal understanding of the plaintiff's situation.

Role of the Jury in Assessing Emotional Distress

While judges do not directly assess the value of emotional distress, it is the jury that makes the final decision based on the evidence and arguments presented. Juries consider the emotional impact on the plaintiff, including the nature and severity of the distress.

Limited Role of Legal Arguments

Lawyers are not permitted to suggest that jurors should imagine themselves in the plaintiff's shoes, a practice known as the "golden rule." This is prohibited in all jurisdictions to prevent bias and ensure a fair trial. Instead, lawyers focus on presenting evidence of the plaintiff's distress and the impact on their life.

Closing Arguments and Impact on Juries

Lawyers play a crucial role in shaping the perception of emotional distress by invoking powerful and relatable arguments during closing statements. For instance, a famous case involving a client who lost both arms due to an industrial accident featured a closing argument that painted a vivid picture of the client’s distress. The argument compared the bitter dinner the plaintiff had to the pleasant outings of the defendants, making a compelling emotional case for the jury.

Varied Perceptions and Jurisdictions

In many personal injury cases, similar damages can result in varied awards based on the jury's perception. For example, two plaintiffs with similar injuries may receive different awards if one jury is more empathetic to the plaintiff's situation than another. This highlights the inconsistency in valuing emotional distress and underscores the influence of jury empathy on the verdict.

Medical Professional's Role in UK Claims

In the UK, it is possible to claim for non-physical injuries such as psychological injuries. However, for such claims to be successful, the injury must be measurable and diagnosable by a medical professional. The claimant must provide evidence through an independent expert who can testify to the psychological injury and its causation or exacerbation by the accident.

Conclusion

The valuation of emotional distress in personal injury cases is a multifaceted process that depends heavily on the jury's perception and the arguments presented by the legal team. Emotions play a significant role, but there are structured guidelines and expert testimony to ensure objectivity. Whether in the United States or the UK, understanding the importance of jury empathy and expert evidence can significantly impact the outcome of such cases.