What Is Mental Anguish in a Personal Injury Case?
Victims sustain many damages and losses after an accident. The physical injuries suffered in an accident can result in substantial medical expenses. Some victims are unable to work for a long time as they recover from their injuries, resulting in lost income. Apart from quantifiable financial losses, after an accident, a person may suffer emotional and psychological harm. Sometimes, the emotional and psychological impact of an injury is so profound that it leads to what is called “mental anguish.” In personal injury cases, that is, cases where another party’s negligence is to blame for the accident, mental anguish is considered compensable. It is crucial for personal injury victims to understand mental anguish and how it is evaluated in personal injury cases.
What Is Mental Anguish?
Mental anguish is a relatively high degree of mental pain and suffering that one person causes to another. In personal injury law, “mental anguish” is often used interchangeably with “emotional distress.” The effects of mental anguish can manifest differently for different people. Mental anguish can manifest in various ways, such as anxiety, fear, depression, anger, post-traumatic stress disorder (PTSD), and other negative emotions. It can cause sleep disruptions, weight fluctuations, forgetfulness, and avoidance of social interaction.
In the legal system, mental anguish is recognized as a form of non-economic damages. These damages are compensable in personal injury cases. Non-economic damages are those losses sustained during an accident that are subjective and don’t have a dollar value. These damages are tied to the physical and emotional toll the injury has taken on the victim’s life and not to a financial loss. Other types of non-economic damages include pain and suffering, scarring and disfigurement, and loss of enjoyment of life.
Calculating Mental Anguish Damages
Calculating mental anguish damages in a personal injury case can be complex because these damages are hard to quantify. Mental anguish is subjective, unlike economic damages like medical expenses and lost wages, which have a dollar value. These damages vary greatly from one person to another. When estimating mental anguish damages, courts use several factors, including how the mental anguish affects the victim’s daily life and the extent of physical injuries.
You will need to gather enough evidence to support a claim for mental damages and increase your chances of recovering fair compensation. Evidence that can support your claim for mental damages includes;
- Medical records related to prescription medications for your mental anguish
- Testimony from a mental health professional, such as a psychiatrist, therapist, or psychologist
- Depositions from family, friends, and coworkers describing how you were before and after the accident
- Copies of your personal journal documenting your mental anguish
One popular approach for calculating mental anguish and other non-economic damages in personal injury cases is the multiplier method. This method applies a multiplier (usually between 1.5 and 5) to the total economic damages. The multiplier is chosen based on several factors, including the severity of your injury. Another method is the “per diem” method, which involves assigning a daily rate to the suffering and multiplying it by the number of days you endure the suffering.
Contact Us for Legal Help
Our West Palm Beach personal injury attorneys at The Pendas Law Firm can help you seek the compensation you deserve for your injuries and damages. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Orlando, Ocala, Fort Lauderdale, Fort Myers, Daytona Beach, Bradenton, Miami, Tampa, Jacksonville, Naples, and Melbourne areas.
