I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of litigation
experience. It is a pleasure to assist you today, though I wish the circumstances were different. Calculating emotional distress, as you might imagine, is quite the moving target and depends on a variety of factors. Emotional distress claims will be based on the events that surround your particular situation, how this emotional distress is medically treated (if at all), the diagnosis relative to the stress (think post traumatic stress syndrome), the facts relative to the event (what would the average individual think of the situation and how would they be affected), etc. This is established via expert testimony
in cases of litigation. In the present case, since litigation has not ensued, the emotional distress claim request will typically be lower than if litigated. One reason is you are not necessarily going to employ an expert that you have to pay to establish the claim. In the past, in situations like this one, I have asked for emotional distress damages anywhere from 15-25% of the rest of the total claim. If this is a $5,000 claim, notwithstanding the emotional distress component, then $750 to $1250 would likely be a fair amount to ask. I say this because, to my knowledge, you have not had to seek medical treatment or be medicated for the emotional distress. There has not been a medical diagnosis as to how long you will deal with stress or anxiety relative to the event - therefore future medicals in not known. Moreover, if the amount is much more than that, you run the risk of the management digging their feet in and forcing you to litigate the matter. You will end up spending money with no assurance of a return if you litigate on this issue of emotional distress. In short, I think asking for an amount of $750 to $1,250 over and above the other related expenses and liabilities is fair under the circumstances as I understand them I base this on my own litigation experience in similar situations in view of the totality of circumstances. Let me know if you have any other questions. Please rate my answer positively as well. Best wishes going forward!