Mental Anguish - What must be shown?

Austin Texas Car Wreck Lawyer

Mar 11, 2014 — by Jeff Mundy
Tags: Personal Injury

Has Plaintiff shown enough evidence to get a mental anguish question posed to the jury?
Texas has authorized recovery of mental anguish damages in virtually all types of personal injury actions. City of Tyler v. Likes, 962 S.W.2d 489, 495 (Tex. 1997). Mental anguish may be recovered from such emotions as "grief, severe disappointment, indignation, wounded pride, shame, despair, or public humiliation." Safeshred Inc. v. Martinez, 310 S.W.3d 649, 663-64 (Tex.App-Austin 2010), rev'd in part, 365 S.W.3d 655 (Tex. 2012). Evidence of mental anguish may be presented by the plaintiff, third parties, or experts. Parkway Co v. Woodruff, 901 S.W.2d 434, 444 (Tex. 1995). It is within the province of the jury to determine the amount of a plaintiff's pain and suffering. Missouri Pacific R. Co. v. Roberson, 25 S.W.3d 251, 258 (Tex. App.-Beaumont 2000, no pet.). In personal injury cases in particular a jury may exercises considerable discretion and generosity in awarding damages. Id; Dougherty v. Gifford, 826, S.W.2d 668, 682 (Tex.App.-Texarkana 1992, no writ.)

Credit to my colleague Ed Hensley.

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