Mental Anguish


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Mental Anguish

When connected with a physical injury, includes both the resultant mental sensation of pain and also the accompanying feelings of distress, fright, and anxiety. As an element of damages implies a relatively high degree of mental pain and distress; it is more than mere disappointment, anger, worry, resentment, or embarrassment, although it may include all of these, and it includes mental sensation of pain resulting from such painful emotions as grief, severe disappointment, indignation, wounded pride, shame, despair, and/or public humiliation. In other connections, and as a ground for Divorce or for compensable damages or an element of damages, it includes the mental suffering resulting from the excitation of the more poignant and painful emotions, such as grief, severe disappointment, indignation, wounded pride, shame, public humiliation, despair, etc.

mental anguish

n. mental suffering which includes fright, feelings of distress, anxiety, depression, grief and/or psychosomatic physical symptoms. It is distinguished from physical pain due to an injury, but it may be considered in awarding damages for physical injury due to a defendant's negligence or intentionally inflicting harm. Where there is no physical injury damages can still be awarded for mental anguish if it is reasonable to presume such would naturally flow from the incident. Examples: holding a pistol to one's head, any threat of bodily harm when it appears it could be carried out, swinging with a scythe even though the assailant missed, or witnessing injury or death to a loved one. There are also situations in which the obvious result of the alleged wrongdoing would be mental distress due to embarrassment or reputation through libel, and therefore damages can be awarded to the distressed party. However, there are limits: in general, breach of contract judgments cannot include damages for mental anguish due to the loss of a deal or employment. But then there is the case of the shop which failed to deliver the bridal gown in time for the wedding---mental anguish flows naturally (along with the bride's tears) from such a breach. (See: damages, mental suffering)

References in periodicals archive ?
Etihad is therefore liable for Doe's damage sustained, which includes both her physical injury and the mental anguish that she is able to prove that she sustained.
The son is also seeking dam ages for his own mental anguish and pain over the loss of his mother.
The Bolu Civil Court of First Instance heard the case and rejected the complainant's demand to be compensated for his plastic surgery, but the court accepted that some portion of compensation be paid on the grounds of mental anguish.
After six months they gave him a decent one and now he is suing for 'distress, anxiety and mental anguish.
And he still suffers the mental anguish that accompanies being sued.
Eamonn Owens, left, shines in this beautiful, bleakly comic drama chronicling the pains of a disturbed youth from a dysfunctional family whose mental anguish eventually leads to murder.
As a Holocaust survivor, she not only recounts her happy prewar life and horrific experiences in a labor camp, but also oppression under the postwar Communist regime, emigration to Canada, and healing from addiction to prescription medication to deal with lingering mental anguish.
In a move that could be deemed unfavorable for Illinois insurance companies, Governor Rod Blagojevich recently signed legislation that permits juries to award money for grief, sorrow, and mental anguish to the decedent's next of kin in addition to the actual damages that stem from an instance of wrongful death.
The entire family experienced mental anguish, according to the lawsuit that was filed Johnson County District Court.
Indeed, the delay in the process simply adds to Mr Frisby's mental anguish and frustration and will do nothing to aid his recovery.
The Sun reports that the suit accuses the driver and food distributor of "negligence, carelessness, and recklessness," causing her "to suffer severe and serious personal injuries to mind and body," and "great physical pain and mental anguish.
Surwat says self-harm can often result from domestic abuse as women feel no other outlet for their mental anguish than in inflicting physical pain on themselves.