If you’ve experienced a traumatic event, you might be dealing with a whirlwind of emotions and confusion, especially if it’s led to physical injuries. Mental anguish, also known as emotional distress, is a common consequence of such incidents, and understanding how it factors into personal injury claims is essential. In this comprehensive guide, we’ll delve into what mental anguish is, how it’s proven in legal claims, the damages victims can receive, and how settlement amounts are calculated.
What is Mental Anguish?
Mental anguish, often interchangeably referred to as emotional distress, is the psychological suffering a person experiences after enduring a traumatic event. It can manifest in various forms, including anxiety, depression, pain and suffering, fear, and insomnia. Essentially, it’s the emotional toll that accompanies physical injury or trauma.
Common Types of Mental Anguish
Mental anguish is a complex phenomenon with diverse triggers and manifestations. Some common types include:
Post-Traumatic Stress Disorder (PTSD): This is a disorder that may develop after experiencing or witnessing a traumatic event. Symptoms include flashbacks, nightmares, and severe anxiety.
Anxiety Disorders: Generalized anxiety disorder, panic disorder, and phobias can all result from traumatic experiences.
Depression: Feelings of hopelessness, sadness, and loss of interest in daily activities are common in individuals experiencing depression due to trauma.
Insomnia: Difficulty sleeping or staying asleep is a common symptom of mental anguish.
Fear and Phobias: Trauma can lead to the development of specific fears or phobias related to the traumatic event.
What Are Mental Anguish Damages in Personal Injury Lawsuits?
In personal injury cases, mental anguish damages are a type of compensatory damages sought by the plaintiff for the emotional suffering caused by the defendant’s actions. These damages aim to provide monetary compensation for the psychological harm inflicted.
Proving Mental Anguish in an Emotional Distress Claim
Proving mental anguish in a legal claim requires evidence that demonstrates the severity of the emotional distress suffered. Here are some common types of evidence used:
Medical Records: Documentation from mental health professionals detailing diagnosis, treatment, and prognosis.
Witness Testimony: Statements from witnesses who observed the plaintiff’s emotional and psychological distress.
Personal Journal: Written accounts of the plaintiff’s emotional state before and after the traumatic event.
Expert Testimony: Testimony from mental health professionals who can attest to the plaintiff’s emotional suffering.
Laws on Emotional Mental Anguish Damages
Laws regarding emotional distress damages vary by state, but in general, there are three main types of emotional distress claims recognized:
Negligent Infliction of Emotional Distress (NIED): This occurs when a person negligently causes emotional harm to another. The plaintiff must prove that the defendant owed them a duty of care, breached that duty, and caused their emotional distress.
Intentional Infliction of Emotional Distress (IIED): This occurs when a person intentionally causes severe emotional distress to another through outrageous conduct.
Bystander Claims: In some states, bystanders who witness a traumatic event and suffer emotional harm as a result may also be able to recover damages.
Factors That Affect the Mental Anguish Settlement Amount
Several factors can influence the amount of compensation awarded for mental anguish:
Severity of the Emotional Distress: The more severe the emotional distress, the higher the potential settlement amount.
Duration of the Emotional Distress: Chronic or long-lasting emotional distress may result in higher compensation.
Impact on Daily Life: If the emotional distress has significantly affected the plaintiff’s ability to work, socialize, or enjoy life, this may lead to higher damages.
Treatment Required: The cost of therapy, medication, and other treatment for emotional distress can be factored into the settlement amount.
Expert Testimony: Testimony from mental health professionals can help establish the severity and impact of the emotional distress, potentially increasing the settlement amount.
Calculating Mental Anguish Settlement Amount
Calculating the exact amount of compensation for mental anguish can be challenging, as there is no fixed formula. However, the following methods are commonly used:
Multiplier Method: This involves multiplying the total medical bills (including both physical and mental health treatment) by a certain multiplier, typically between 1.5 and 5, depending on the severity of the emotional distress.
Per Diem Method: This method assigns a daily value to the emotional distress and multiplies it by the number of days the plaintiff experienced distress.
Comparative Analysis: This involves looking at similar cases and settlements to determine an appropriate range for compensation.
Average Mental Anguish Settlement Amount
The average settlement amount for mental anguish varies widely depending on the severity of the emotional distress and other factors. Settlements can range from a few thousand dollars to several hundred thousand dollars or more.
Mental Anguish Verdicts and Settlements Examples
Car Accident: A plaintiff who suffered severe PTSD and anxiety after a car accident was awarded $250,000 in mental anguish damages.
Medical Malpractice: A patient who experienced depression and insomnia due to medical malpractice was awarded $500,000 in emotional distress damages.
Workplace Injury: An employee who developed PTSD after witnessing a workplace accident was awarded $150,000 in mental anguish damages.
How to Maximize Mental Anguish Settlement Amount
Document Everything: Keep detailed records of medical treatment, therapy sessions, and any other expenses related to your emotional distress.
Seek Professional Help: Consult with experienced personal injury attorneys and mental health professionals to build a strong personal injury lawsuit.
Be Patient: Emotional distress claims can take time to resolve, so be prepared for a lengthy legal process.
Don’t Settle Too Quickly: Resist the urge to accept the first settlement offer. Wait until you have a clear understanding of the full extent of your damages before agreeing to a settlement.
How an Attorney Can Help You in a Mental Anguish Settlement Case
Dealing with the aftermath of emotional distress can be overwhelming, but you don’t have to navigate it alone. An experienced attorney can be your strongest ally in seeking justice and fair compensation for your suffering. Here’s how an attorney can help you in a mental anguish settlement case:
Legal Guidance: Attorneys in personal injury law bring invaluable legal knowledge and guidance to your case, helping you navigate the complexities of an emotional distress lawsuit with confidence.
Case Evaluation: During an initial consultation, your attorney will assess the merits of your case, reviewing details and determining the potential for success.
Building a Strong Case: Attorneys gather evidence, including medical records and testimonies, to document the extent of your emotional suffering and its impact.
Negotiating with Insurance Companies: Experienced attorneys counter insurance tactics, advocating for fair compensation and negotiating settlements on your behalf.
Trial Representation: Attorneys represent you in court, presenting evidence and arguing your personal injury case before a judge and jury if necessary.
Managing Legal Procedures: Attorneys handle all legal paperwork and procedures, ensuring your case progresses smoothly and efficiently.
Maximizing Compensation: Attorneys use negotiation skills and knowledge of case law to secure settlements that fully compensate for your suffering.
Protecting Your Rights: Attorneys advocate for your rights, ensuring fair treatment and standing by you throughout the legal process.
Contact BLG for Legal Help
In conclusion, mental anguish is a serious consequence of traumatic events that can have a profound impact on a person’s life. If you’ve suffered mental anguish due to someone else’s actions, it’s essential to understand your rights and seek legal guidance. By building a strong case and seeking fair compensation, you can begin to recover and move forward with your life.
If you’re seeking experienced legal guidance to steer the complexities of mental anguish settlement amounts, look no further than BLG. Our team of seasoned personal injury attorneys is dedicated to fighting for the rights of our clients and ensuring they receive the compensation they deserve.
Contact BLG today for a free consultation
1-800-870-8910