How Can I Prove Mental Anguish?

Originally published by Scott Krist.

When you are injured in an accident, you can seek compensation for more than your physical injuries and lost wages. You are also entitled to recover from the psychological and emotional harm inflicted. In Texas, the term used to describe your psychological pain is ‘mental anguish’ and it may represent a significant part of the compensation you deserve.

If you were seriously injured and need help to get everything that you’re entitled to, speak with the Houston personal injury attorneys of The Krist Law Firm, P.C. Our experienced personal injury lawyers will explain what you can demand through a personal injury lawsuit, including mental anguish, and how we aggressively work to get every dollar.

Call us today at (281) 283-8500 to schedule a free, no-risk consultation.

PROVING MENTAL ANGUISH IN A PERSONAL INJURY CASE

Recovering compensation for mental anguish through a personal injury claim depends on the standard set in the Texas Supreme Court case Parkway Co. v. Woodruff from 1995.

Essentially, you must provide evidence regarding the type, extent, and duration of your mental suffering. This means showing how it affected your daily life and routine.

What the Court Considers Mental Anguish

In a personal injury case, you must show the court that you suffered more than “mere anxiety, worry, vexation, embarrassment, or anger.” The court considers these typical emotions following an accident and do not rise to deserving additional compensation.

Proving Mental Anguish

Judges and juries typically have an easier time believing significant psychological suffering if it is accompanied by physical pain. To recover compensation for both physical and mental anguish, your lawyer can use this to your advantage.

In some cases, it is possible to suffer mental anguish despite avoiding serious physical injury. When presenting a claim that focuses on mental anguish without significant physical trauma, you may have a harder time proving your case.

However, the best ways to prove mental anguish include:

• Personal testimony
• Expert testimony
• Your medical records

Evidence of Mental Anguish

Proving mental anguish can be difficult. But an experienced personal injury attorney can explain what evidence can demonstrate your suffering. For example, evidence of your treatment for depression, anxiety, or physical symptoms can all help prove mental anguish.

Also, demonstrating how your daily life has deteriorated or changed can support your claim for compensation. This includes your ability to work and your relationships with friends and family.

Call Our Houston Personal Injury Attorneys Today

Your mental suffering after an accident should never be overlooked. This is especially true if it was due to someone else’s negligence, carelessness, or recklessness.

When you have a personal injury claim, it’s best to work with an attorney who understands the consequences of an accident are not simply physical but are also emotional. At The Krist Law Firm, P.C., we have the resources you need and will thoroughly review your injuries and the accident that caused them to ensure we seek an appropriate amount of compensation for your mental anguish.

Call us today at (281) 283-8500 to schedule an initial consultation.

The post How Can I Prove Mental Anguish? appeared first on Krist Law Firm.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

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