We’ve all seen the ads auto accident attorney ads on daytime television. Words like “mental anguish” and “pain and suffering” are often mentioned, but what do those words actually mean – in the legal sense? This blog post attempts to shed light on these often misunderstood or misapplied terms.

The following legal definitions are brought to you by The Camberg Law Firm, P.C., a personal injury attorney, Houston.

Mental Anguish

Legally speaking, mental anguish is mental suffering which includes fright, feelings of distress, anxiety, depression, grief and/or psychosomatic physical symptoms. It is distinguished from physical pain due to an injury, but it may be considered in awarding damages for physical injury due to a defendant’s negligence or intentionally inflicting harm.

It is possible for one to recover damages without having a physical injury if it is reasonable that the mental trauma would naturally occur from the incident itself. Examples of this would be holding a pistol to someone’s head, or witnessing injury or death to a loved one due to someone’s negligence. In these instances there is no physical harm done to the individual, but there has been mental anguish.

Damages for mental suffering and anguish are many times awarded in cases of embarrassment or damage to one’s reputation through libel. However, there are limits: in general, breach of contract judgments cannot include damages for mental anguish due to the loss of a deal or employment.

The term “mental anguish” implies a relatively high degree of mental pain and distress. It is more than mere disappointment, anger, resentment, or embarrassment, although it may include all of these. It includes a mental sensation of pain resulting from such painful emotions as grief, severe disappointment, indignation, wounded pride, shame, despair and/or public humiliation.

Medical Expenses

By law, you are allowed to recover medical expenses as a result of someone else’s negligence in an automobile accident. Medical expenses are defined by law as any cost incurred in the treatment of injury caused by the negligence or purposeful intent of another.

Medical expenses include, but are not limited to:

• Health and dental insurance premiums
• Doctor and hospital visits, co-pays, prescription and over-the-counter drugs
• Glasses and contacts
• Crutches and wheelchairs

Loss of Income

Legally speaking, loss of income is the value placed on injury or damages due to an accident caused by another’s negligence, a breach of contract, or other wrongdoing. Loss of earning capacity is an injury to an individual’s ability to earn wages at a future time and may be recovered as an element of damages in a Tort case.

You might also have a claim for loss of income as a result of an automobile accident. If you have been out of work as a result of injuries sustained in an accident, you’re entitled to be compensated for the loss of income.

In addition, you may have a future loss of income as a result of an automobile injury that will make it impossible for you to work in the future or sometime limit your ability to work.

Physical Pain, or Pain and Suffering

Physical pain from a legal standpoint is a type of damage that someone may recover for physical and/or mental “pain and suffering” that results from wrong doing, usually negligence, of another.

The loss of the ability or capacity to work due to physical pain or emotional suffering is a type of “pain and suffering”. The most common injuries from automobile accidents are head and neck injuries, back injuries, internal organ injuries, and lower limbs.  An auto accident attorney can advise if necessary on any of these legal definitions.