In short, yes. In Texas, mental anguish is recognized as a form of non-economic damages. However, pursuing compensation for mental anguish requires meeting specific legal criteria. Mental anguish refers to severe emotional pain or distress, such as grief, despair, public humiliation, or shame.
It is important to note that, unlike physical injuries, mental anguish is intangible. This means that it makes proving mental anguish damage challenging in court. Under Texas law, mental anguish damages are typically tied to a physical injury or another actionable claim.
This principle tying mental anguish damages to a physical injury was established in the Texas Supreme Court case Boyles v. Kerr (1993). That case clarified that there is no general duty to avoid negligently inflicting emotional distress.
As far as the legal definition of mental anguish in Texas, that was outlined in Parkway Co. v. Woodruff (1995). That case describes it as a relatively high degree of mental pain and distress, going beyond mere disappointment or embarrassment to include emotions like grief, severe disappointment, indignation, or public humiliation.
In order to successfully claim mental anguish damages, plaintiffs (i.e., the party that is alleging they were harmed) must provide compelling evidence of their emotional distress.
This often involves expert testimony from psychologists or psychiatrists, documentation of physical symptoms like insomnia or anxiety, and proof that the plaintiff was in immediate danger of physical harm in cases of negligent infliction of emotional distress.
Despite the recognition of mental anguish in Texas law, recovering mental anguish damages can be challenging due to their subjective nature. As such, insurance adjusters and juries may be skeptical, as emotional distress is not as visible as physical injuries.
Therefore, it’s important to speak with a local attorney in Texas if you are suing for mental anguish as they can provide you with legal advice to give you a better chance for a successful claim.
What Kind of Lawsuit Includes Mental Anguish?
In Texas, claims for mental anguish are typically part of emotional distress lawsuits where the plaintiff experiences emotional distress stemming from physical injuries or other legally actionable issues. As such, it’s important to have a thorough understanding of emotional abuse laws in Texas when pursuing a claim for mental anguish damages.
Mental anguish claims often include personal injury lawsuits, such as those arising from automobile collisions, workplace accidents, or incidents involving hazardous property conditions.
Such claims can also be pursued in wrongful death lawsuits, where family members face profound emotional pain due to the loss of a loved one.
How To Prove Mental Anguish
In order to prove mental anguish in Texas, you must understand Texas personal injury laws. Proving mental anguish in Texas requires substantial evidence to demonstrate the severity of emotional distress.
As noted above, plaintiffs must be able to demonstrate that their emotional suffering goes beyond mere disappointment or embarrassment and rises to a high degree of mental pain, such as grief, severe disappointment, indignation, or public humiliation. This standard was established in the Texas Supreme Court case Parkway Co. v. Woodruff (1995).
That case provides the legal definition of mental anguish in the state, and the evidence necessary to prove mental anguish, including:
- Expert Testimony: Psychologists or psychiatrists can provide professional evaluations to substantiate the plaintiff’s claim
- Physical Symptoms: Evidence of physical manifestations of emotional distress, such as insomnia, anxiety, or other health issues must be demonstrated
- Impact on Daily Life: Documentation or testimony showing how the emotional suffering has significantly affected the plaintiff’s life may also be introduced as evidence to prove mental anguish
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How To Calculate Damages for Mental Anguish
Calculating damages for mental anguish in Texas involves evaluating the severity of emotional distress and its impact on the plaintiff’s life. In other words, the party that is claiming they were harmed by another party must be able to demonstrate their emotional distress and non-economic damages.
Another point to consider is that mental anguish damages fall under non-economic damages, which are subjective and not easily quantified. The Texas Civil Practice and Remedies Code, specifically Chapter 41, provides the legal framework for awarding damages. This includes mental anguish damages.
In order to determine compensation for mental anguish, courts will consider several factors. First, the plaintiff must demonstrate the severity of emotional distress. This includes showing that the mental anguish goes beyond mere annoyance or embarrassment and involves significant emotional pain, such as grief, severe disappointment, indignation, or public humiliation.
Once again, the legal definition of mental anguish in Texas, as established in Parkway Co. v. Woodruff, emphasizes that the emotional distress must reach a high degree of mental pain and suffering.
Second, plaintiffs must provide evidence of the impact of the emotional distress on their daily lives. This can include documentation showing how the suffering has affected their ability to work, maintain relationships, or engage in normal activities. Physical symptoms of emotional distress, such as insomnia, anxiety, or other health issues, can also support the claim for mental anguish damages.
Finally, expert testimony from mental health professionals is often crucial in substantiating the claim. Psychologists or psychiatrists are crucial in providing evaluations and insights into the plaintiff’s emotional state. Expert testimony is paramount in helping the plaintiff establish the severity and legitimacy of their mental anguish damages claim.
Do I Need a Lawyer if I Am Looking To Recover Damages for Mental Anguish?
Although it is not legally required to hire an attorney to recover damages for mental anguish in Texas, consulting a Texas personal injury lawyer can greatly enhance your chances of a successful lawsuit. LegalMatch can assist you in connecting with a lawyer who understands Texas’ specific laws governing personal injury lawsuits with mental anguish claims.
Mental anguish claims are inherently complex, as they involve proving emotional distress damages, which are subjective and intangible. An experienced lawyer can help guide you through the legal process, help you gather evidence, and assist you in presenting a compelling case to support your claim.
Further, Texas law sets a high standard for proving mental anguish. Plaintiffs must be able to demonstrate that their emotional suffering goes beyond ordinary disappointment or embarrassment and involves significant pain, such as grief, severe disappointment, or public humiliation. All of the legal precedents outlined above highlight the importance of presenting strong evidence to substantiate any claim for mental anguish damages.
An attorney can assist you in gathering expert testimony from mental health professionals, which is crucial in proving the severity of your emotional distress. They can also help you document physical symptoms, such as insomnia, anxiety, or other health issues, that may support your claim.
A lawyer can help you understand the Texas Civil Practice and Remedies Code, Chapter 41, which governs non-economic damages, including mental anguish damages. That statute outlines the requirements for proving and calculating damages, ensuring that your claim is presented effectively.
An attorney can also assist you in filing a lawsuit against the party that harmed you. They can then negotiate with the other party, or their insurance company, on your behalf. It is important to note that most personal injury lawsuits will settle prior to trial. However, if your case proceeds to trial, an attorney is crucial in presenting your claims correctly, including claims for mental anguish.
