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Simple English definitions for legal terms
Mental Anguish
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A quick definition of Mental Anguish:
Term: Mental Anguish
Definition: Mental anguish is when someone causes another person to feel a lot of emotional pain and suffering. This can happen in situations where someone gets hurt and it makes them feel really upset or scared. In some cases, the person who caused the emotional distress can be sued and made to pay money to the person who was hurt. There are two types of emotional distress that can be sued for: intentional and negligent. To win a case for intentional emotional distress, the person who was hurt has to prove that the other person did something really bad on purpose. To win a case for negligent emotional distress, the person who was hurt has to prove that the other person had a duty to take care of them and didn't do it properly, which caused them to get hurt emotionally. When someone sues for emotional distress, they have to show how much money they lost because of it, which can be hard to do.
A more thorough explanation:
Mental anguish is a term used in law to describe a high level of emotional pain and suffering that one person causes another. It is often used interchangeably with emotional distress in personal injury cases, where the person who claims to have suffered emotional distress can sue the other person for damages. Mental anguish is usually accompanied by physical injury or trauma.
There are two types of emotional distress that can be used in a lawsuit:
- Intentional infliction of emotional distress: This is when someone intentionally or recklessly causes emotional distress to another person. For example, if someone bullies another person to the point where they develop anxiety or depression, that could be considered intentional infliction of emotional distress.
- Negligent infliction of emotional distress: This is when someone's negligence causes emotional distress to another person. For example, if a doctor misdiagnoses a patient and the patient becomes depressed as a result, that could be considered negligent infliction of emotional distress.
In order to sue for emotional distress, the person who suffered must be able to prove that the other person's actions were extreme and outrageous, and that they caused the emotional distress. They must also be able to provide evidence of the damages they suffered, which can be difficult to calculate.
For example, if someone is in a car accident and suffers from PTSD as a result, they may be able to sue the other driver for emotional distress. They would need to provide evidence from a doctor or therapist that they are suffering from PTSD, and they would need to show that the other driver's actions were the cause of their PTSD.