Tags: Personal Injury
Texas has authorized recovery of mental anguish damages in virtually all types of personal injury actions. Mental anguish may be recovered from such emotions as "grief, severe disappointment, indignation, wounded pride, shame, despair, or public humiliation." Evidence of mental anguish may be presented by the plaintiff, third parties, or experts. It is within the province of the jury to determine the amount of a plaintiff's pain and suffering. In personal injury cases in particular a jury may exercises considerable discretion and generosity in awarding damages. Credit to my colleague Ed Hensley.