When a plaintiff files a lawsuit for an injury that was the result of a person’s negligent or intentional actions, it is not uncommon for the plaintiff to include in his or her request for damages an award relating to the mental anguish that was caused by the injury or the accident itself. Mental anguish is different from alleging intentional infliction of emotional distress in that it is not a separate claim but rather a separate type of injury resulting from one intentional or negligent action.
There are a variety of emotions and states that can be classified as part of a person’s mental anguish. Things such as fear, anxiety, depression, and grief are all commonly seen in individuals who are experiencing mental anguish. In most cases, a person is able to claim damages for mental anguish if the fear, etc. experienced by the individual can be logically tied or connected to the incident in question. For example, claiming anxiety following an attack is a logical time for mental anguish. Claiming to experience grief as a result of a baseball going through a window is not quite in the same league.
In some states, there have been attempts to curb an individual’s ability to receive damages for mental anguish and “pain and suffering” alike. The argument is that because these things cannot be measured in numbers or even seen, they are not worthy of damages. The fact of the matter is that a person who experiences extreme grief, anxiety, or depression may have many negative numerical effects on his or her life. Not being able to go to work due to fear of being hit at the same intersection is likely to have a numerical effect on the individual’s life in the form of a lost job.
Contact a Cincinnati Personal Injury Lawyer
If you have been in an accident or subjected to an individual’s intentional or negligent actions and are suffering from mental anguish, contact the Cincinnati personal injury lawyers of Stepleton Dugan, LLC today at 513-321-7733.