When a person is injured due to the negligence of another, they may be entitled to compensation for their physical and emotional suffering. In personal injury law, mental anguish is a type of non-economic damages that can be recovered in a personal injury case. Mental anguish is defined as any emotional distress or suffering that is caused by the injury. It can include fear, anxiety, depression, humiliation, and other forms of emotional distress.
In order to recover damages for mental anguish in a personal injury case, the plaintiff must prove that the defendant’s negligence caused them to suffer emotional distress. This can be difficult to prove, as it requires evidence of the plaintiff’s emotional state before and after the injury. The plaintiff must also show that the emotional distress was severe enough to warrant compensation. In some cases, the plaintiff may be able to recover damages for mental anguish even if they did not suffer any physical injuries.
This is known as “pure mental anguish” and it occurs when the defendant’s negligence causes the plaintiff to suffer emotional distress without any physical harm. For example, if a driver negligently runs a red light and causes another driver to experience fear and anxiety, they may be able to recover damages for pure mental anguish. In some cases, expert testimony may be necessary in order to prove that the plaintiff suffered mental anguish due to the defendant’s negligence. An expert witness can provide testimony regarding the severity of the plaintiff’s emotional distress and how it has impacted their life.
Expert witnesses may include psychologists, psychiatrists, or other medical professionals who are qualified to testify about mental health issues. It is important to note that not all types of emotional distress are considered “mental anguish” under personal injury law. For example, embarrassment or humiliation caused by an injury may not be considered mental anguish and therefore may not be eligible for compensation. Additionally, some states have laws that limit or prohibit recovery of damages for mental anguish in certain types of cases. If you have been injured due to someone else’s negligence and are considering filing a personal injury claim, it is important to speak with an experienced attorney who can help you understand your rights and determine whether you are eligible for compensation for your mental anguish. An experienced attorney can help you gather evidence and build a strong case in order to maximize your chances of recovering damages.