Testimonial Video

What is Mental Anguish? Does this claim exists?


What is mental anguish? What are those kinds of damages and how do you prove them? Hi, I’m Brad Parker, the attorney you want, but hope you never need, and this is another edition of Bar Talk. Give me 90 seconds and I’ll give you an answer.

Mental anguish damages are those types of damages that you suffer as a result of being involved in a traumatic accident, or event, which you have physical injury. Physical injury isn’t always required, but it typically is. It’s more than juts worry or anger or resentment, it need to be something much more severe. In fact, the Supreme Court of the State of Texas has defined the type of proof that’s needed in order to recover mental anguish damages, as needing direct evidence of the nature, duration and severity of the injury. So that it shows, a disruption of your daily routine. In other words, it needs to bee, as the Supreme Court has said, proof that the anguish s more than mere anxiety, worry, vexation, embarrassment, or anger.

And when you look at the type of evidence that’s need, how does it disrupt your daily routine? In other words, are you unable to sleep, are you unable to concentrate, and are you unable to do your job because of the mental anguish that you are going through. Often times you may need a medical doctor, or psychologist, or counsellor to explain the mental anguish you have.

But any time that you have mental anguish, the problem is that A) proving it, and B) that the jury understands it. Many juries are very, very skeptical of mental anguish damages and that’s the reason that insurance companies rarely will provide compensation for it, short of going to trial.

I hope this has answered some of your questions. Until next time, I’m Brad Parker the attorney you want, and hope you never need, and this is another edition of Bar Talk.  For more information about the legal process and your rights, download our free book.