Emotional Distress. Sometimes it is an element of damages, but it can also be an independent claim in personal injury and wrongful death cases. What does this mean to you or your claim? Oklahoma has standard Uniform Jury Instructions that address the basics of emotional distress for a jury to understand their role in awarding damages for emotional distress or not. Though case law or other argument can trump the use of this language before juries, the Uniform Jury Instructions (referred to as “OUJI”) are designed to apply in many general contexts, subject to case specific revisions. For example, OUJI defines the term “emotional distress” as “mental distress, mental pain and suffering, or mental anguish.  It includes all highly unpleasant mental reactions, such as fright, horror, grief, humiliation, embarrassment, anger, chagrin, disappointment, and worry.” OUJI 20.3. Oklahoma Uniform Jury Instruction No. 20.1, sets forth the elements of liability which must be … Continue reading →