Many injuries can create some level of mental anguish. It should come as no surprise that severe pain, loss of function, scarring, and other elements of a serious personal injury can lead to emotional trauma. Likewise, the loss of a loved one in an accident is likely to lead to mental anguish.
Many people are familiar with the idea of claiming mental anguish. But what rises to the level of “anguish,” and what do you need to do in order to claim compensat
Mental Anguish Under Texas Law
The law makes a distinction between mental distress and mental anguish. When it comes to collecting compensation for the harm you’ve suffered, it takes more than a claim that you’re suffering.
In order to receive compensation, you need to be able to produce evidence of a high level of pain. That pain or anguish must rise to a level beyond ordinary disappointment or embarrassment.
Noneconomic vs. Economic Damages
A key issue in seeking compensation for mental anguish is a court deciding how much you’re owed.
After an injury, things like medical bills and lost wages can often be calculated with some amount of certainty based on receipts and paychecks. It’s easy to add them up and get a dollar amount. These things are referred to as economic damages.
Noneconomic damages are not as easily correlated with dollars and cents. They deal more with the mental and emotional damage rather than monetary.
After proving that you’ve suffered severe mental pain and suffering, you still have to make the case for an amount of damages. To make that case, you need evidence showing how the mental anguish has affected your daily life. It’s important to After proving that you’ve suffered severe mental pain and suffering, you still have to make the case for an amount of damages. To make that case, you need evidence showing how the mental anguish has affected your daily life. It’s important to document things like changes to your work, relationships or day-to-day lifestyle. For example:
- PTSD, depression or anxiety from the trauma of the accident can be considered mental anguish, particularly when they affect relationships.
- If you lost a limb in an accident, you could claim severe emotional distress due to not being able to help with household chores or do your normal work.
- Cognitive impairment or deficiency from a brain or head injury.
- Evidence of the physical impact of emotional distress can be compelling. Things like ulcers or trouble sleeping can support a claim for mental anguish.
Expert Testimony Supporting the Claim for Damages
One way to support your claim for mental anguish damages is with expert testimony. Experts in the fields of psychiatry or psychology can provide vital evidence to support your claims.
Expert testimony is often necessary to prove that mental anguish is severe enough and has impacted you enough that you deserve to be compensated for what you’re suffering.
Choosing a Lawyer for Your Mental Anguish Claim
Claims for mental anguish can be difficult to prove under Texas law. Without an experienced personal injury attorney on your side, these damages may be hard to collect. At The Fell Law Firm, our team can help you.
Contact our Dallas personal injury and wrongful death attorneys at 972-450-1418 to discuss your situation. We can explain your rights and options and help you move forward during this difficult time.
