How do you prove mental anguish

Courts consider the severity of the accident, assault or other events when weighing the validity of a claim for emotional distress. Generally speaking, the more dramatic the triggering event, the more likely the courts are to grant damages to the plaintiff.

Any claim of emotional distress must be supported by one or more medical professionals with the experience and qualifications needed to diagnose and treat psychological injuries and related conditions such as post-traumatic stress disorder. Claimants need to provide the court with clear medical documentation that verifies their symptoms, explains their diagnosis and prognosis, and tracks their treatments.

This documentation should also include receipts for any medications, therapy sessions and other expenses related to the claim. Helene A. Telephone Call or Text Us at:. October 21, Conditions such as anxiety, depression, and post traumatic stress disorder are examples of the kind of mental states that can qualify as mental anguish.

Usually the mental anguish must be more than just emotional. Proving the degree of psychological harm that qualifies as mental anguish would probably be strengthened by the testimony of a licensed physician. Mental anguish is an element of claims of both intentional and negligent infliction of emotional distress. Mental anguish is part of the damage alleged by a person who is the victim of the infliction of emotional distress, whether negligent or intentional.

Mental anguish could also be an element of the damage alleged in other claims, such as battery, assault, an auto accident or medical malpractice. For example, if a person threatens another with serious bodily harm by pointing a gun at them, which is an assault, the trauma will likely cause injury that is more psychological than physical. Mental anguish can also accompany significant physical injury. For example, a person can experience severe anxiety and depression after a serious medical error injures them physically, possibly affecting the quality of their life permanently.

One person can also suffer mental anguish from injury to another person, for example, losing a family member in a car crash that results in a wrongful death suit. Emotional distress is often the result when a person witnesses the harming or injuring of a loved one.

Any monetary award of damages for mental anguish is classified as a type of non-economic damage. Economic damages are sums of money awarded to compensate for actual financial losses suffered by a victim or their family. They include such items as medical bills, lost wages, and property damage.

Non-economic damages are given for losses that are not clearly economic, such as pain and suffering, loss of companionship, loss of reputation, and mental anguish. There is no specific formula for calculating a monetary award for non-economic losses.

Every state approaches the problem in a different way. If a claim for mental anguish, however, includes a claim for medical treatment of a symptom of the anguish, e. In recent years many states have implemented laws that cap the amount of non-economic damages a plaintiff can receive. An experienced personal injury lawyer would know the law in the state where a person lives and would be able to calculate the value of a claim for mental anguish.

This means that the negligence was more likely than not. This is known as the standard of proof. However, if the plaintiff cannot meet this burden, they may fail to recover damages.

Also evidence of the intense and severe suffering of the plaintiff helps establish the injury. The severity of mental anguish is most effectively shown if it manifests as a diagnosable condition, such as depression, PTSD, or acute anxiety. The first type is intentional infliction of emotional distress. An act is outrageous and extreme if it exceeds all bounds of decency tolerated in a civilized society. Whether the act is outrageous and extreme is a matter usually for the jury to decide.

The second type is negligent infliction of emotional distress. Generally, recovery for this cause of action is available only when the defendant has assumed a duty to plaintiff in which the emotional condition of the plaintiff is an object.