What is the standard for emotional distress in a personal injury case?

California, United States of America


The following excerpt is from Fleming v. Safeco Ins. Co., 160 Cal.App.3d 31, 206 Cal.Rptr. 313 (Cal. App. 1984):

"... there is no fixed or absolute standard by which to compute the monetary value of emotional distress, and the jury must necessarily be left to the exercise of a wide discretion, to be restricted by the appellate court only when the sum awarded is so large that the verdict shocks the moral sense and raises a presumption that it must have resulted from passion or prejudice. 'The question of what may be reasonable compensation in cases of this kind is a matter on which there legitimately may be a wide difference of opinion....' " (Fletcher v. Western National Life Ins. Co. (1970) 10 Cal.App.3d 376, 409, 89 Cal.Rptr. 78.)

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