Is sueing for mental anguish worth the fight?

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Is sueing for mental anguish worth the fight?

There was an explosion in a business behind my mother’s house and now she is living and fear. She has had to go to the hospital twice already with anxiety and fright. She had not been like this before the incident.

Asked on February 23, 2012 under Personal Injury, Texas

Answers:

Robert Slim / Robert C. Slim - Attorney at Law

Answered 12 years ago | Contributor

What you are describing is a claim for "negilgent infliction of emotion distress."  Texas law does not recognize such a claim.  In your mother's situation, a claim for emotional distress (or mental angish) must have been the result of some physical injury.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

In the situation you describe, it is almost impossible to recover for mental anguish. The legal system typically only allows recover for mental suffering of one sort or another if--

1) There are physical injuries, too.

2) The mental or emotional suffering was inflicted deliberately (this is usually a stalking sort of situation)

3)  The mental or emotional suffering is the result of being near a loved one who was killed in an accident or assault.

Unless these situations exist, you generally cannot recover for purely mental suffering


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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