This paper examines how, in recent years, there has been a marked increase in litigation related to recovering damages for
emotional distress -- a kind of damage that is not measured by the extent of physical harm to an individual, but instead, measured by the extent of emotional and psychological harm inflicted upon an individual. Unlike
determining the extent of physical harm, determining the extent of emotional distress or pain and suffering presents its unique share of challenges - particularly with regard to determining if, indeed, an individual has been inflicted with emotional distress and if that individual merits relief from the
defendant or defendants. This paper looks at how assessing the nature and amount of relief to be awarded to the plaintiff also presents challenges to the judicial system.