TSLF Employment Blog

How to bolster your emotional distress claim with medical testimony

How Expert Testimony Can Support an Emotional Distress Claim

How can you convince a jury or judge of how much your employer forced you to suffer?If you’ve filed a claim for employment discrimination, you want to maximize the value of that claim. In addition to your lost wages and measurable financial damages, it’s worth the effort to try to put a value on your pain and suffering too. But to get that award, you have to convince a judge or jury that you really did suffer as a result of the discrimination. Testimony from a doctor, psychiatrist, or therapist is another way to show the fact-finder how serious your emotional distress was.

Why Medical Testimony Makes a Difference

In our last post, you met Jerry, who lost his job after 35 years with the same delivery company and is seeking damages for emotional distress.

It is possible for Jerry to get emotional distress damages without providing testimony from a doctor. He may win—at least in the Eastern District of Virginia—an emotional distress verdict in the $30,000 range. Courts call this “garden-variety” emotional distress, consistent with the typical psychological response that one might expect after being fired. Courts think that garden-variety distress has value (remember, we’re trying to do the distasteful math of putting a price on pain), but generally, it’s not six-figure value.

To maximize this category of damages, an employee needs to present testimony from a medical professional, like a doctor, psychologist, psychiatrist, or social worker. And remember, we’re not trying to “cheat” the system here. In employment law, the odds are stacked in favor of the employer in many ways. What we’re trying to do is bring the truth to light and level the odds. The truth of what happened to you can get lost if you don’t present the right evidence. If you did not actually feel significant emotional distress, you can skip this step.

How Jerry’s Doctor Strengthened His Emotional Distress Claim

Let’s return to the example involving Jerry. After Jerry testifies, his general practitioner takes the stand. He testifies that he has been treating Jerry for 20 years. Jerry could stand to lose a few pounds and drink less coffee. Otherwise, he was in good health while he was employed.

When asked how Jerry’s health has been since the day he was fired, though, the doctor testifies as follows:

I don’t know that I’ve ever seen someone who doesn’t have cancer or a similar disease decline so rapidly. Jerry didn’t want to come see me because he’s stubborn. However, his wife called me, and I convinced him to come in. I’ve been in this business a long time and I’ve seen a lot, but I was shocked when I saw Jerry. He tried to put on a good face, but he was a shell of man. He had lost significant weight, more than he ever should’ve. His clothes were hanging off of him. His blood pressure was through the roof. The man even broke down in tears in my office. I’m not one to prescribe anti-anxiety medicine willy-nilly, but I know severe depression when I see it. I saw it in Jerry.

Medical testimony like this (even if it’s not quite so dramatic!) can effectively inform a jury about the serious nature of true emotional distress. As a practical matter, testimony from a medical professional is almost required to win a significant emotional distress award.

Important Tip

Don’t wait to go see a medical professional if you are experiencing emotional distress. A psychiatrist or psychologist would be ideal. However, an experienced social worker or your family doctor will also work in a pinch. While it’s best to start early, all is not lost if it is already late in the proceedings when you see a doctor. Even after the fact, a psychiatrist can conduct what is called a “forensic” analysis of your mental state.

Under many retainer agreements, the client is responsible for paying the cost of this analysis. While it is not cheap, testimony from a good psychologist or psychiatrist can be well worth the investment for the value it adds to your potential award.

Summing It Up

If you’ve experienced significant emotional distress as a result of suffering discrimination at work, there are important steps you can take to protect your rights and maximize the value of your claim. Talk to a doctor about the changes in your health. Need more help figuring out what comes next? Contact us to see what else you should be doing.

Share this post

Latest Articles

Signs of Wrongful Termination: Was I Wrongly Terminated from a Job?

Signs of Wrongful Termination: Was I Wrongly Terminated from a Job?

Wrongful termination can be challenging to recognize, especially considering that Virginia is an at-will employment state. That means employers can fire employees at any point during their term with a company, without notice and without cause.  That does NOT mean, however, that all terminations are legal or above board. Whenever firings violate federal employment laws […]

A Look Back at the Biggest Employment-Related Stories of 2023

A Look Back at the Biggest Employment-Related Stories of 2023

2023 was quite the year in terms of notable events and 2024 is shaping up to be no different. Here are some of the biggest labor-related news stories from last year. Even if you didn’t hear about these events, there’s a good chance you’ll likely feel their effects, even if indirectly. Key Supreme Court Decisions […]

Understanding 5 Key Terms in Virginia Severance Agreements

Understanding 5 Key Terms in Virginia Severance Agreements

Understanding the complexities of Virginia severance agreements is crucial for anyone navigating a job transition. While many believe these agreements primarily benefit the departing employee, they also offer several protections to the employer. They can provide a financial cushion and ease the transition for employees while offering employers insurance against future disputes. However, these agreements […]

What Are My Privacy Rights as an Employee in Virginia?

What Are My Privacy Rights as an Employee in Virginia?

Maintaining the delicate balance between workplace monitoring and employee privacy rights is a critical issue in Virginia. Modern technology has expanded the scope of employer surveillance, making it crucial to understand the legal boundaries. Employees in Virginia should be aware of their rights concerning phone call monitoring, email surveillance, internet usage, video surveillance, and social […]

Schedule a Free Case Review

Talk To A Real Person

Play Video

Talk To A Real Person