In law, mental anguish usually refers to a near-unquantifiable type of suffering. It refers to an emotional experience that causes intense pain, distress, and suffering. Mental anguish may be felt in many forms, from overwhelming emotional stress to the subtle anguish caused by hurtful words. Since it is difficult to measure or quantify, courts review the evidence of mental anguish on a case-by-case basis to determine a fair amount of compensation for the plaintiff.
What Is Mental Anguish?
Mental anguish is a term used in personal injury law that usually refers to the emotional pain and suffering caused to the plaintiff due to the actions or omissions of another party. While mental anguish may be difficult to prove, the symptoms of the condition may include depression, anxiety, sleeplessness, feelings of helplessness, or severe trauma and fear. Mental anguish can be caused by a variety of scenarios. For instance, it can be caused by a physical injury, a medical malpractice, or the intentional infliction of emotional distress.
How to Recognize Mental Anguish
If you’re involved in an injury case, it’s important to be aware of the signs of mental anguish, recognizing that the effects may be severe and lengthy-term. Injuries that lead to mental anguish can sometimes be worse than the physical harm, leaving the victim to suffer in silence.
The most common signs of mental anguish include:
- Occurring nightmares or flashbacks
- Social withdrawal or changes in behavior
- Feelings of depression, anxiety or fear
- Physical symptoms such as headaches, fatigue, or stomach problems
It’s important for victims of an injury to seek medical attention as soon as possible in order to diagnose any mental anguish that may have been caused by the incident.
Examples of Mental Anguish in Personal Injury Lawsuits
In recent years, personal injury and mental anguish have gone hand in hand more frequently. In many cases, a physical injury can lead to mental anguish, but the reverse can also hold true. In some cases, a defendant may cause severe feelings of distress, fear or anxiety in a victim, even if he or she has not caused any physical harm.
For example, a dog bite can cause physical injuries, but the trauma of the experience may also cause substantial mental anguish depending on the situation. Or in the case of harassment or bullying, the emotional distress may persist long after the physical incident has ended.
Conclusion
Mental anguish is a legal term used to describe the distress, fear, or anxiety caused by injury to a victim. The effects of mental anguish can be severe and long-term, and can range from mild depression to anxiety attacks. It is important to be aware of the signs of mental anguish, in order to properly diagnose and compensate victims for any harm that has been caused.