Mental Anguish

Mental anguish is damages suffered by a person in a personal injury claim which do not result in any type of physical injury to the claimant. Mental anguish is distinguished from pain and suffering because it is the mental response to a physical trauma or event such as terror, confusion, humiliation, shock or sorrow.

States have systematically limited recovery for damages based on the claim of mental anguish. Some states require direct evidence of the nature, duration and severity of the mental anguish and proof that the mental anguish (anxiety, depression, ulcers, loss of appetite, or severe weight loss) is severe enough to substantially disrupt their daily routine. Other states require what they term a zone of danger, which requires the plaintiff to prove they were within a specified distance from the accident. Talk to a personal injury lawyer if you believe you should be compensated for mental anguish following an injury.