Emotional Distress Damages

If you are seeking emotional distress damages, you should humanize your presentation with a profile of your client, his or her lifestyle and damages.  Employers rarely give much weight to your emotional distress claim in negotiations.  The plaintiff must provide specific information about his or her emotional damages, and describe that which will be presented to persuade the jury to award such damages.  Again, exaggeration as to the effects of the defendant’s conduct on the plaintiff will not help you negotiate a satisfactory resolution.  If possible, allow the plaintiff to discuss the injury and the impact on his or her life.  Plaintiff’s spouse or treating physician can come to the mediation to speak about the emotional toll, if that will be effective.