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 9 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 9 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


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