Damages for Mental Anguish
One of the most important yet vastly understood elements of a personal injury claim involves damages for mental anguish. Mental anguish cannot be seen or felt physically by a third party – it must be explained sufficiently to a jury so that each juror can understand the mental pain the victims and their survivors went through during and after a tragic accident.
If you were injured in Houston and have questions about any aspect of seeking damages for mental anguish, contact Michael P. Fleming & Associates, P.C. now for the answers to all your questions.
You may be entitled to compensation for mental anguish as an element of damages you suffered from either the wrongful death of a loved one or from your own personal injury at the hands of someone’s negligence. If you have lost your child, parent or spouse, from medical malpractice, nursing home or assisted living negligence, or other negligence, the mental anguish you feel is defined by Texas courts as your emotional response to the death.
Mental anguish is also described as emotional pain, torment, suffering, misery, and grief felt because of the loss. The amount a jury is permitted to award you is intended to compensate for the harrowing experience resulting from the death. Some types of severe mental anguish include:
- The victim of a serious accident fearing that death is imminent. We have had clients in Houston whose loved ones were in fatal accidents but did not pass away immediately. This conscious pain and suffering by the victim – as well as his loved ones later on – was horrible.
- A victim seeing their own serious injuries such as a compound fracture, severe lacerations or missing limb. We have had clients with compound fractures – bones actually protruding through the skin – after a car accident. Seeing such an injury one your own body causes horrible and sometimes permanent mental anguish.
- Seeing a loved one that has been severely injured or killed. The mental anguish experienced by seeing the wrongful death of a loved one is sometimes incomprehensible.
- The terrible sense of loss felt when a loved one dies. This sense of loss from losing a child, spouse or parent remains for a lifetime.
- Any other type of serious mental pain caused by a personal injury or death.
Proving Mental Anguish
It is often difficult to adequately demonstrate the subjective feelings experienced by one person. Emotional distress goes beyond any understanding implied with the sudden and unexpected loss of a loved one.
Physicians and counselors, as well as close friends and extended family are excellent sources of information concerning the impact the death has on your life. Beyond testimony, did your loved one leave artwork; was it created in school or professionally? Are there sentimental or encouraging social media postings relevant or significant to your loved one’s lifestyle?
A skilled Texas Trial Lawyer is essential to demonstrate the existence, nature of, and length of your grief process to a jury so it can make an informed decision.
If you or a loved one has been involved in an accident, it is imperative that you contact an experienced Houston personal injury attorney as soon as possible. The lawyers at Michael P. Fleming & Associates, P.C. are well-versed in pursuing compensation for disfigurement or scarring suffered by our clients. We understand the physical and emotional strain these injuries inflict. Call today to discuss your case 713-221-6800.