Personal injury cases primarily address the physical harm suffered by victims. According to early estimates from the U.S. Department of Transportation's National Highway Traffic Safety Administration, approximately 39,345 people lost their lives in traffic crashes in 2024. Given the severity of such incidents, it’s no surprise that many claims center on the physical injuries sustained.
However, alongside the 5.1 million medically consulted injuries from auto accidents reported by the National Safety Council are the mental scars left behind. This is what’s known as mental anguish. It comes with a specific legal definition and can be just as pivotal in an insurance claim or lawsuit as a physical injury.
Here’s what you must know about what mental anguish means in a personal injury context and what it means for your case.
Key Takeaways
- Mental anguish is defined as a high degree of mental pain and suffering caused by one party to another. In tort law, it’s used interchangeably with emotional distress
- The most common causes of mental anguish include accidents, other forms of trauma, bereavement, and chronic stress.
- Symptoms of mental anguish are wide-ranging in one's life, meaning they might manifest as emotional, behavioral, cognitive, or physical signs. Examples include issues with sleep patterns, relationship problems, and intrusive thoughts.
- Although such feelings of extreme distress may disappear on their own with time, the best course of action is treatment via a dedicated mental health professional, combined with self-care and mindfulness strategies.
- Victims of negligence may include mental anguish within their personal injury claims. Speak to a lawyer to discuss your options and initiate proceedings.
What is Mental Anguish?
Mental anguish refers to a high degree of mental pain and suffering inflicted on one party by another. According to Cornell University, in tort law, the term is used interchangeably with emotional distress.
Within personal injury cases, it encompasses all manner of psychological pain, including commonly diagnosed conditions like anxiety, depression, and Post-Traumatic Stress Disorder (PTSD). In most jurisdictions, it’s a claimable form of non-economic damages.
From a psychological perspective, mental anguish may manifest itself in any number of ways, including:
- Insomnia
- Mood swings
- Loss of appetite
- Social withdrawal
It can negatively affect anybody, with Oxford University reporting that one-third of crash survivors suffer from PTSD. Furthermore, the National Institutes of Health found that those who suffer from unintentional injuries, like those coming from car accidents, are at a five times greater risk of suicide.
Distinguishing Mental Anguish from Emotional Distress
Mental anguish and emotional distress are typically used interchangeably within tort law. Some legal contexts may differentiate between the two, which is why you’ll see both terms mentioned in many legal guides.
Generally, emotional distress is designed to be broader. Rather than focusing purely on the mental pain and suffering, emotional distress might focus on other forms of emotional responses, including fear and embarrassment.
Legal Recognition and Implications in 2025
All courts will consider claims for mental anguish in the U.S. in 2025. It’s a generally accepted part of personal injury claims. However, plaintiffs must show compelling evidence that their anguish comes from the defendant’s actions and wasn’t simply there previously.
With USAFacts reporting that 58.7 million American adults experience mental illness at some point in their lives, the prevalence of these conditions means you’ll need medical records and expert witnesses to prove fault comprehensively.
Legal standards for what counts as mental anguish differ by jurisdiction. Some states may necessitate a physical injury to accompany these claims, whereas others may allow mental anguish claims to stand on their own merits.
Common Causes of Mental Anguish
Mental anguish isn’t something that arises purely from a traumatic event like a car accident. It can arise from your lifestyle and events that might be going on in your personal life.
According to the National Alliance on Mental Illness (NAMI), 50% of all lifetime mental illnesses start as early as age 14. So, what are some of the most common sources of mental anguish?
Traumatic Experiences and Their Psychological Effects
Trauma can come from accidents, physical/mental abuse, or being a witness to a traumatic event. Individuals experiencing trauma may suffer from flashbacks, emotional numbness, nightmares, and anxiety as part of the body’s natural responses to danger.
Although experiencing trauma is perfectly normal, some people never get over it. According to the National Institutes of Health, 17.4% of car accident survivors experience depression symptoms. However, 60% of people who go on to be diagnosed with PTSD still don’t recover after a year, per the World Health Organization (WHO).
Loss and Grief: Navigating Emotional Turmoil
Losing a loved one is a part of life that we all experience. Yet for many of us, it can trigger chronic mental anguish. Although grief is a natural process, not coming through the other side and allowing it to impact your daily functioning is a problem.
According to the LAOP Center, up to 10% of adults experience prolonged grief disorder, meaning they can’t process their loss or return to everyday life.
Chronic Stress and Lifestyle Factors
America is a nation chained by chronic stress, with the American Institute of Stress reporting that 33% of Americans felt extreme stress. Ongoing stress resulting from work, finances, caregiving, and family builds up over time because the stress hormones start interrupting the body’s processes.
It’s a known fact that chronically stressed people are at risk of conditions like:
- Anxiety
- Depression
- Digestive issues
- Heart disease
- Emotional exhaustion
Relationship Dynamics and Their Impact on Mental Well-Being
Your relationships with friends, family members, work colleagues, and acquaintances all influence whether you’ll experience mental anguish. Sometimes, a toxic social network will lead to mental anguish all on its own, but it can also worsen it when you’re experiencing it from specific events in your life.
For example, it’s hard to recover from mental anguish after a workplace accident when you’re dealing with an abusive spouse or friends who regularly ghost you.
Recognizing Symptoms of Mental Anguish
Noticing the symptoms of mental anguish isn’t straightforward, especially if it’s chronic. Mental anguish manifests differently in different people. It can appear in the form of physical, emotional, cognitive, and behavioral symptoms, with many of them being subtle enough for the sufferer not to notice.
Untreated mental illness is remarkably common, with Mental Health America reporting that 54.7% of adults with a mental illness never receive treatment. Here are the main symptoms you should be paying attention to from each category:
Emotional Symptoms
- Anxiety
- Panic attacks
- Depression
- Mood swings
- Irrational fears
- Emotional numbness
- Hopelessness
- Excessive guilt
- Uncontrollable weeping
- Self-harm
- Suicidal thoughts
Cognitive Symptoms
- Difficulty concentrating
- Intrusive thoughts
- Memory issues
- Impaired decision-making
- Depersonalization
- Obsessive thoughts
- Mental fatigue
- Inability to plan
- Trouble solving problems
Behavioral Symptoms
- Anger
- Aggression
- Irritability
- Reduced productivity
- Isolation
- Risky behaviors
- Changes in eating habits
- Avoidance behaviors
- Loss of interest in hobbies
- Restlessness
Physical Symptoms
- Fatigue
- Insomnia
- Headaches
- Muscle tension
- Body aches
- Digestive issues
- Heart palpitations
- Sweating
- Chills
- Shortness of breath
- Weakened immune function
Impact of Mental Anguish on Daily Life
Cuts and broken bones will heal, but mental anguish can last for years to come without prompt treatment. Observing mental anguish in the abstract makes it hard to visualize, but with BYU Life Sciences reporting six million car crashes each year, countless Americans are suffering in silence.
The sad thing is that many Americans aren’t even aware that they suffer from mental anguish. That’s why we’ll concentrate on the effects of mental anguish from the point of view of Survivor A.
Effects on Physical Health and Overall Well-Being
Mental anguish can have a different effect on your physical health. Many people assume that physical injuries will eventually heal, but mental anguish can make physical pain last for years to come and destroy overall well-being.
Survivor A may have fully healed physically, but mental anguish means they still suffer from chronic headaches, difficulty sleeping, digestive problems, and seasonal illnesses caused by weakened immune function.
Influence on Personal Relationships and Social Interactions
Traumatic events transform how people view their personal relationships and how they interact with family and friends. Many accident victims suffer from emotional numbness as they attempt to stay strong, which can eventually lead to social withdrawal.
Survivor A may suffer from survivor’s guilt if others perished in a car accident. They might also be diagnosed with PTSD, with others finding them easily irritated or even aggressive. In response, Survivor A detaches themselves further and further from their social circle without replacing them because they also find making new connections stressful.
Challenges in Work Performance and Career Progression
Returning to work and trying to get your professional life back on track can feel like climbing Mount Everest when your mental state still hasn’t returned to what it was before your trauma. Mental anguish is a permanent drag on an active professional life.
Survivor A may find it difficult to concentrate or remember things when they’re cleared to go back to work. Eventually, their self-esteem drops alongside their performance, leaving them with a lack of motivation to pursue their professional goals.
Long-Term Consequences of Unaddressed Emotional Distress
Mental anguish and emotional pain don’t have to be long-term problems. Prompt treatment can help you get your life back, but when people don’t get the diagnosis and treatment they need, they can begin to develop chronic mental illness.
Examples of conditions Survivor A may be diagnosed with if they try to ignore mental anguish include:
- Generalized Anxiety Disorder
- Chronic depression
- Persistent PTSD
Over time, untreated mental health issues will snowball, leading to symptoms growing stronger and stronger. It’s not uncommon for people in this situation to eventually withdraw into permanent isolation or even act on suicidal thoughts.
Strategies for Coping With Mental Anguish
Anguish affects everybody, but a full recovery is possible with intervention from professionals. Suffering in silence is the easiest way to allow it to become chronic and impact every part of your life. Naturally, everyone experiences negative feelings and copes with the most painful emotions differently, necessitating bespoke treatments to get the best results.
According to a study from the National Center for Biotechnology Information (NCBI), patients who received outpatient treatment for mental health issues saw a success rate of 78%. It’s just further proof that proactively seeking treatment is beneficial.
Seeking Professional Help: Therapy and Counseling Options
Engaging with accredited mental health professionals is always the way to overcome feelings associated with mental anguish. Self-care is helpful, but it’s no substitute for professionally-led mental health treatment.
Cognitive Behavioral Therapy (CBT) and talk therapy are just two types of therapy commonly employed to support people who are going through severe emotional distress. It’s also worth mentioning that if you don’t have any mental health treatment units in your area, or you don’t feel comfortable with in-person treatment, teletherapy is more accessible and affordable than ever.
Implementing Self-Care Practices for Emotional Management
Self-care complements structured, goal-oriented therapy sessions through managing anguish and laying the groundwork for a fulfilling life going forward. It’s also helpful for increasing your mental resilience and reducing the chances you’ll experience further issues in the years to come.
Some examples of self-care practices might include:
- Mindfulness training
- Meditation
- Yoga
- Healthy dietary choices
- Getting high-quality sleep
- Avoiding substances acting as triggers (alcohol, caffeine, illegal substances, etc.)
- Journaling
Integrating practices like these into your day-to-day routine benefits your mental health regardless of how you feel. That’s why there’s been such a groundswell of interest in self-care and healing in the past few years.
Building a Support Network: The Importance of Community
No man is an island, and the same principle applies to coming through mental suffering. Developing a strong social support system gives you the emotional help needed to overcome your darkest moments.
Although family and friends matter, it’s not just about the number of people around you but how you communicate. Fostering open communication and speaking about similarities in the challenges you have give you a sense of belonging and benefit you through the shared experience.
It's also why people join dedicated support groups for people experiencing the same feelings as you are. For example, that’s why Alcoholics Anonymous (AA) has been so effective at tackling alcohol addiction.
The Mental Health Foundation also recommends getting out into your community. It doesn’t have to have anything to do with your symptoms. Simply getting together with others nearby can help you deal with isolation and give you a sense of purpose.
Effective Stress Management Techniques in 2025
Stress management prevents it from building up and letting overwhelming emotions adversely impact your day. The American Psychological Association (APA) reveals that just 28% of people said they were managing their stress “extremely well.”
Using modern stress management techniques, you can give yourself some minutes of calm and stop the pressure from building up. Some examples include:
- Working with deep breathing exercises, like the 4-7-8 method.
- Progressive muscle relaxation.
- Getting out into the great outdoors.
- Developing structured routines.
- Giving yourself dedicated relaxation time every day.
All these strategies are proven ways of improving mood and lowering stress levels. They’re no substitute for professional treatment, but they’re simple ways of improving your quality of life each day.
Preventing Mental Anguish
Stopping mental anguish in its tracks can be done through proactive stress management and targeting potential triggers for it. Some types of mental distress, such as those arising from traumatic events like bereavements or accidents, are inevitable, but safeguarding yourself ahead of time can protect your state of mind from many of life’s biggest challenges.
Establishing Healthy Boundaries in Personal and Professional Relationships
Relationships are one of the greatest sources of mental anguish, whether it’s at home or in the workplace.
Setting boundaries for everyone for what’s acceptable behavior preserves the balance in your social relationships and sets expectations that both sides can understand.
For example, clearly communicating your needs to family and friends. Not allowing your work hours to bleed over into your personal life. Turning off devices when it’s time for you to relax. These are the boundaries that preserve your mental health while communicating to others what you expect from your relationships.
Developing Resilience and Emotional Intelligence
Building up your emotional resilience positions you to adapt when faced with adversity. It doesn’t mean becoming a cold, emotionless rock. It means recognizing your emotions, increasing your emotional intelligence, and processing what’s going on inside your head and in your life.
For example, it may include:
- Reflecting on your personal strengths.
- Acknowledging areas for growth.
- Practicing empathy.
- Stress management.
- Regulating emotional responses.
Practicing Mindfulness and Meditation
Mindfulness and meditation are two distinct concepts and actions, but they’re often twinned because of their shared benefits. They both teach you to focus on the present to get rid of stress and prevent you from dwelling on what has happened and what could happen.
Mindfulness encourages practices like body scans and mindful breathing to heighten emotional awareness, while meditation helps ground you and quiet racing thoughts.
The National Institutes of Health recommends both of these practices as part of your daily routine to boost your mental and emotional well-being.
Talk About Your Mental Health
Clamming up and suffering in silence doesn’t deal with the issue but avoids it. Talking about your mental health and recognizing when something is wrong encourages you and others to seek support when they need it.
Share your own personal experiences and signal that you’re willing to listen to others. Developing your active listening skills builds these nonjudgmental safe spaces that allow people to express their feelings.
It’s not just about being mental health-positive. It’s the type of open communication that builds better relationships when you feel anguish.
Legal Considerations for Mental Anguish
Mental anguish can arise from any personal injury, whether it’s a car accident, a slip and fall at work, or medical malpractice. Victims have the legal right to include these claims in a mental anguish lawsuit alongside physical injury damages.
Understanding Your Rights as a Victim
Personal injury law enables you to claim compensation for your physical injuries and pain and suffering damages. When suing for mental anguish, your claim usually falls into one of two categories:
- Intentional Infliction of Emotional Distress (IIED) – Deliberate engagement in conduct that’s intended to cause severe emotional harm.
- Negligent Infliction of Emotional Distress (NIED) – Careless actions resulting in emotional harm to another person.
You must prove that your distress is directly tied to the defendant’s conduct and not a preexisting condition. An experienced attorney for emotional distress can help gather the medical records, witness testimony, and expert opinions needed to strengthen your case.
When to Seek Legal Assistance for Emotional Distress
Proving mental anguish isn’t as straightforward as it seems, especially if you’ve already been diagnosed with mental health problems before your accident. That’s why it’s strongly recommended that you hire an experienced personal injury lawyer as early in the process as possible.
Your attorney can reach out to mental health professionals and your care team to comprehensively link your mental health issues with the conduct of the defendant. Without a professional by your side, it can be extremely difficult to prove these types of damages.
Legal Avenues for Compensation for Emotional Distress
Compensation for mental anguish is considered non-economic damages. Unlike medical bills or lost wages, there is no fixed dollar value. Courts and insurance companies often rely on:
- Multiplier method: Economic damages are multiplied by a factor (usually 1.5 to 5) to estimate the value of your mental anguish.
- Per diem method: A daily dollar value is assigned to your suffering, multiplied by the number of recovery days.
In some cases, punitive damages may also be awarded if the defendant’s behavior was especially reckless, malicious, or intentional.
How Team Justice Supports Victims in Seeking Justice
At DJC Law, we believe you should never be left carrying the financial or emotional weight of someone else’s negligence. An accident can change your life in an instant, leaving lasting challenges. While we cannot undo the harm, we can fight to secure the full compensation you deserve.
With a combination of proven legal skill and genuine compassion, our attorneys create strategies tailored to your unique circumstances. We stand by your side, keep you informed, take on the insurance companies, and guide you through every step of the legal process.
If you need an experienced emotional distress attorney in Austin who will fight for your rights and treat you with care, call DJC Law 24/7 at (512) 888-9999. Schedule your free consultation today and let our team help you and your family move forward with confidence.
Frequently Asked Questions About Mental Anguish
What is the legal definition of mental anguish?
The mental anguish definition in personal injury law refers to a high degree of mental pain and suffering caused by another party’s negligent or intentional conduct. It is often used interchangeably with emotional distress and can include anxiety, depression, PTSD, and other lasting psychological harm.
How is compensation for mental anguish calculated in personal injury lawsuits?
There is no fixed formula. In many mental anguish lawsuits, attorneys and insurance companies rely on the multiplier method (economic damages multiplied by a factor of 1.5 to 5) or the per diem approach (assigning a daily rate to your suffering).
What’s the difference between mental anguish and pain and suffering?
Pain and suffering is a broad legal term pertaining to different types of mental and emotional harm caused by a defendant. Mental anguish and emotional distress would both fall under the category of pain and suffering.
How long do I have to seek compensation for mental anguish?
The statute of limitations for most personal injury claims, including those involving suing for mental anguish, is two years from the date of the incident. Missing this deadline could mean losing your right to recover compensation.
