How do you prove mental anguish?For mental anguish damages, there must be evidence of nature, severity or duration of plaintiff’s anguish. This must disrupt the injured party’s daily routine or amount to a high degree of mental pain that is more than anger, embarrassment, vexation, anxiety, or worry. This must be something more than simply “upsetting”. Many injured parties experience extreme mental anguish; they simply lack the ability to communicate their grief. Often allowing the injured to provide everyday examples of their anguish helps. Some victims of medical malpractice walk into hospitals relatively healthy, needing only routine medical care. After the neglect, they require multiple medications, see a number of doctors, require countless medical visits, and ongoing care. Explaining the shame they feel when their colostomy bag breaks in public or when their wife has to bath them because they are now a quadriplegic, helps others empathize and experience their mental anguish. There does not have to be a physical manifestation of the mental anguish to recover. Texas courts have given a list of cases where mental anguish can be recovered even if no physical injury. Those include:
- knowing violation of
- DTPAbystander recoveries
- invasion of privacy
- handling of a corpse
- death messages
- conduct causing wrongful death
- negligent physical injury to a person.