While mental anguish and emotional distress often exist concurrently with pain and suffering, the former are distinct in that they refer to mental responses to the trauma of a physical event. Common symptoms of mental anguish would include terror, shock, apprehension, confusion, humiliation and sorrow.
To try to stem the tide of personal injury lawsuits based solely upon mental anguish and emotional distress, some states have instituted strict guidelines such as the "zone of danger" test which takes into account how physically close the plaintiff was to the accident. Another limit placed upon such cases is the "physical manifestation rule" which requires that the emotional distress experienced by the plaintiff be exhibited by physical reactions such as depression, anxiety intense enough to cause ulcers, or loss of appetite and weight.
Types Of Compensatory Damages:
Property Damage | Medical Expenses | Pain and Suffering | Loss of Income | Loss of Consortium | Lost Opportunity | Court Costs and Attorney's Fees
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