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What is Mental Anguish? How Can I Prove It?

Accidents often result in severe injuries. Although physical injuries are considered a clear and most common manifestation of the injury, most victims may end up suffering from psychological and emotional harm inflicted. The psychological pain inflicted on you due to an accident is what is commonly known as mental anguish

Like most accident victims, you may choose to seek compensation for your physical injuries and lost wages. However, it is important to note that you can also seek compensation for the mental anguish inflicted. This is because the law provides an avenue for you to recover compensation for mental anguish that occurs as a result of an accident.

However, as your personal injury attorney will tell you, obtaining compensation for mental anguish isn’t an easy task. But with an experienced attorney, you can navigate the compensation process with ease.

That said, here’s what you need to know about mental anguish in relation to the law governing compensation.

Understanding Mental Anguish Damages

Often considered an emotional pain or psychological symptom, the legal definition of mental anguish takes a relatively unique approach. Mental anguish envisions a degree of mental pain and suffering that arises from another person’s negligence. 

This upsets the ordinary definition since the legal definition requires that a person’s mental anguish be more severe than anger, upset, embarrassment, or ordinary disappointment. As such, conditions that are likely to qualify as mental anguish are those that cause lasting negative side effects. Some examples include anxiety, depression, and post-traumatic stress disorder.

Symptoms of Mental Anguish

Following an accident, certain types of symptoms may arise, which indicate mental anguish. Such symptoms include:

  • Anxiety
  • Depression
  • Insomnia
  • Phobia
  • Inability to concentrate

However, please note that these symptoms generally need to show a relatively significant degree of mental pain in order for you to be awarded compensation. Therefore, you will need the help of an attorney to collect additional medical evidence and documents to support your claim.

What is the difference between emotional distress and mental anguish?

Emotional distress and mental anguish are two distinct terms. On the one hand, mental anguish denotes a high level of mental pain depicted by feelings of anxiety, grief, or even depression. On the other hand, emotional distress denotes negative feelings such as anger, fear, or sadness. This often arises when a person witnesses the harming or injuring of a loved one.

That said, the eligibility criteria for emotional distress requires a person to experience negative feelings constantly, and the feelings must have resulted from someone else’s negligence.

Can I sue for mental anguish?

You are eligible to sue for mental anguish if you suffer from those damages from someone else’s negligence. However, in order to have a successful claim, you must prove your entitlement to those damages by a preponderance of the evidence. This generally requires you to show that what you suffered is more than mere disappointment, anger, upset, or embarrassment.

Need help? Contact The Mahone Firm For a Free Consultation

Mental anguish can arise at any point in your life. When this happens, you shouldn’t overlook it. Instead, you should take key steps to seek the compensation you deserve.

However, proving mental anguish is a daunting task. But an attorney can collect all the necessary documents, including personal testimony, expert testimony, and medical records, to support your claim.

The Mahone Firm understands the consequences of an accident and how it may affect you and your loved ones. As such, we have all the necessary resources to ensure you get the right amount of compensation for your mental anguish.

Contact us today for a free no-obligation consultation at (504) 564-7342 or contact us online

Mike Mahone

Mike Mahone

Mike Mahone is a personal injury and business litigation lawyer located in New Orleans, LA, and the sole practitioner of The Mahone Firm.

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