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. There are laws in place to protect victims of this. It is important for people to have information about these 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. Read below where Experts have answered questions for others in need.
What are the requirements to sue an individual for mental anguish?
First, the victim needs to prove that the individual showed extreme and outrageous conduct without any justification or purpose. They need to prove that the accused person’s intention was to cause the victim acute emotional and mental distress and that the behavior actually caused this.
Can a child sue his/her parents for mental anguish due to witnessing the parent’s fights and divorce proceedings?
In most situations, this is possible due to negligent infliction of emotional and mental anguish.
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 monetary benefits if he/she sues an agency for a contract issue.
Can a postal department employee sue the US postal service for mental anguish if he/she has been denied an injury claim at work?
Currently, 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?
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 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?
The individual may be able to sue the person for personal injuries, not mental anguish, 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 mental anguish if he/she gets stranded for hours while using the jet ski?
This is possible 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 negligence.
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 one 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 another person and will help them take appropriate action to claim mental anguish damages.