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 ?
"As for the mental anguish part, I'd like to say some of them are raucous fans, the real avid fans.
"The flight company's actions amount to gross negligence and I urge the court [to grant] my prayers on compensation following the grave embarrassment, humiliation, mental anguish and the serious inconveniences that I was caused after I was unlawfully detained in Kilimanjaro and Arusha," said Mr Bore.
Taking part in such shows has caused me mental anguish
Whitaker's death and the emotional shock the Whitaker boys suffered upon seeing their mother pinned between the house and her car and Clarence Whitaker coming upon the scene are part and parcel of their right to recover mental anguish under the wrongful death act."
Finding your iPad is out of charge isn't mental anguish
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.
Now, their son has filed suit against the father, seeking payment for what he says was "torture and unspeakable mental anguish" suffered by his mother during her 2015 kidnapping and killing.
Maribel Martinez said in the lawsuit that she suffered "great emotional distress, extreme fear, horror, mental shock, mental anguish and psychological trauma" when she went to meet her son's flight on August 17 at John F.
Rector says he suffered ''substantial injury'' to his ''character and reputation'' and ''mental anguish, loss of future income and loss of earning capacity.''
He said the statements were false and caused him and his family "great mental anguish and emotional distress." U.S.
The suit describes the 'post-game ritual' of trainers handing out painkillers and sleeping aids 'to be washed down by beer', and the players are seeking financial compensation for chronic injuries, financial losses, pain, suffering and mental anguish, according to the suit.
Makula said he suffered "great pain, mental anguish and bodily injures" when the wall fell on him.