Can I Sue for Emotional Distress in South Africa?
What is emotional distress?
The term “emotional distress” refers to a claim that a person has suffered emotional trauma as a result of the actions of another person.
What are the types of emotional distress?
1. General Pain and Suffering
2. Anxiety Disorders after an Accident
3. Panic Disorder or Panic Attacks
4. Depression Suffered After an Injury
5. Post-Traumatic Stress Disorder (PTSD)
6. Negligent Infliction of Emotional Distress (NIED)
7. Intentional Infliction of Emotional Distress (IIED)
What are the examples of emotional distress?
1. Reduced quality of life
2. Lost enjoyment of life
3. Cognitive changes following a head injury
4. Distress caused by a disability
5. Embarrassment or humiliation
What are the common signs of emotional distress?
1. Eating or sleeping too much or too little.
2. Pulling away from people and things.
3. Having little to no energy.
4. Experiencing unexplainable aches and pains, such as stomach aches or headaches.
5. Feeling helpless or hopeless
What are the causes of emotional distress?
1. Mental health conditions
2. Concerns about job security
3. Experiencing discrimination
4. Feeling lonely or isolated
5. Having debt
Can I sue for emotional distress in South Africa?
You can sue someone for emotional trauma or distress if you can provide evidence to support your claims in South African law court.
How much can I sue for emotional distress South Africa?
A fair amount to be given as compensation for the plaintiff’s emotional distress would be at least R150 000.
How do you quantify emotional distress damages?
When assessing pain or emotional distress damages, a lawyer can apply the following formula:
1. The Multiplier Method. This takes the total of economic damages in your case and multiplies it by a number between 1 and 5 depending on the severity of your injuries.
2. The per diem method. This involves calculating a daily rate of compensation for an accident victim’s emotional distress. This daily rate is then multiplied by the number of days the victim is reasonably expected to experience emotional distress.
