Define: Mental Anguish

Mental Anguish
Mental Anguish
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Quick Summary of Mental Anguish

Mental anguish refers to severe emotional distress or suffering experienced by an individual as a result of a traumatic event, injury, or wrongful conduct. It encompasses a wide range of negative emotions, including fear, anxiety, grief, humiliation, and psychological trauma. Mental anguish can arise from various circumstances, such as accidents, personal injuries, medical malpractice, discrimination, harassment, or the loss of a loved one. In legal contexts, individuals may seek compensation for mental anguish as part of damages in civil lawsuits, particularly in cases involving intentional infliction of emotional distress, negligence, or other tortious conduct. Proving mental anguish typically requires demonstrating the severity and impact of the emotional distress through expert testimony, medical evidence, and documentation of the psychological effects on the individual’s daily life and functioning.

What is the dictionary definition of Mental Anguish?
Dictionary Definition of Mental Anguish
n. mental suffering which includes fright, feelings of distress, anxiety, depression, grief and/or psychosomatic physical symptoms. It is distinguished from physical pain due to an injury, but it may be considered in awarding damages for physical injury due to a defendant's negligence or intentional infliction of harm. Where there is no physical injury, damages can still be awarded for mental anguish if it is reasonable to presume such would naturally flow from the incident. Examples: holding a pistol to one's head, any threat of bodily harm when it appears it could be carried out, swinging with a scythe even though the assailant missed, or witnessing injury or death to a loved one. There are also situations in which the obvious result of the alleged wrongdoing would be mental distress due to embarrassment or damage to one's reputation through libel, and therefore damages can be awarded to the distressed party. However, there are limits: in general, breach of contract judgments cannot include damages for mental anguish due to the loss of a deal or employment. But then there is the case of the shop which failed to deliver the bridal gown in time for the wedding-mental anguish flows naturally (along with the bride's tears) from such a breach.
Full Definition Of Mental Anguish

In a personal injury claim, a claimant can be awarded compensation for mental anguish or suffering even if the claimant did not suffer physical injury. Mental anguish is distinguished from pain and suffering because it is the mental response to a physical trauma or event. Common types of mental anguish could include terror, shock, apprehension, confusion, humiliation, and sorrow.

There have been recent limitations on collecting compensation through a personal injury claim based solely on the claim of mental anguish. State laws vary, but some states have instituted a “zone of danger” test which allows for damages if the claimant can prove they were within a specified distance from the accident. Other states have implemented a “physical manifestation rule” which argues the plaintiff must experience some actual physical reaction such as depression, anxiety intense enough to cause ulcers, or loss of appetite and weight from the accident or injury. If you think you suffered a personal injury due to the negligence of another person you can discuss your case with a personal injury lawyer.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.

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