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Mental Anguish Law

Mental anguish stands for any emotional distress, anxiety or psychological problems that may be caused due to any incident or event in an individual’s life. Mental anguish laws cover all kinds of mental anguish that may have been caused to an individual by any incident or accident. It is important for people to have information about mental anguish laws in order to know if they stand a chance to sue an individual or a group of people in case of mental or emotional stress. Given below are common questions about mental anguish laws answered by Experts.

What are the requirements to sue an individual for mental anguish?

In order to sue an individual for mental anguish, the victim needs to prove that the individual showed extreme and outrageous conduct without any justification or purpose. The individual needs to prove that the accused person’s intention was to cause the victim acute emotional and mental distress and that the behavior actually caused the victim mental distress.

Can an individual sue his/her parents for mental anguish if he/she has been a witness to the violence between the parents and further divorce proceedings between the parents?

In most situations, an individual may be able to sue his/her parents for negligent infliction of emotional and mental anguish if he/she has been a witness to the violence between the parents and divorce proceedings between them.

Can an individual claim mental anguish against an agency if they do not abide by a contract?

An individual may not be able to sue an agency for mental anguish if they do not abide by the rules of a contract. An individual may only claim for monitory benefits if he/she sues an agency for a contract issue.

Can an individual sue the US postal service for mental anguish if he/she has been denied an injury claim at work by the postal department?

An individual may not be able to sue the US postal department for mental anguish if the department denies him/her an injury claim at the job. Also, the federal government may be sued only if there is any law that permits an individual to do so. There is no law that allows an individual to sue the federal government for mental anguish.

Can an individual claim mental anguish damages against a department store if he/she was attacked by a mouse in the store?

An individual may be able to sue the department store for mental anguish if he/she was attacked by a mouse in the store. If the individual had to take treatment for mental health issues due to the attack and had to miss work, he/she may also sue the store for his/her medical treatment, the medicines that he/she had to take and lost wages besides mental anguish.

Can an individual sue a person for mental anguish if he/she was hit by the person’s truck but did not obtain serious injuries?

An individual may not be able to sue for mental anguish if he/she gets hit by a person’s truck. However, the individual may be able to sue the person for personal injuries even if he/she has had just minor injuries and no broken bones or any other serious injuries.

Can an individual sue a jet ski company for compensation for mental anguish if he/she gets stranded for hours while using the jet ski?

An individual may be able to sue a jet ski company for mental anguish only if the jet ski did not have any kind of equipment that was required by law or coast guard regulations installed in it. If that is not the case, the individual may have to prove in court that he/she got stranded for hours without safety or location equipment due to the negligence of the jet ski company in maintaining the jet ski which caused it to break down in a place from where he/she could not return to shore easily.

Being under mental stress and anguish due to an accident or event in one’s life can make an individual frustrated. Not knowing what one’s rights are against the individual who caused the anguish can make an individual feel lost. Reading up about the mental anguish law and its provisions will help individuals know if they have a case for mental anguish against anyone and will help them take appropriate action to claim mental anguish damages.
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