Reproduced from type-written copy.
|Other titles||Fright, mental anguish.|
|Series||Arrow series law briefs|
|LC Classifications||KF445 .T85|
|The Physical Object|
|Pagination||5 p. l., 209 numb. l.|
|Number of Pages||209|
|LC Control Number||41016408|
RECOVERY FOR MENTAL ANGUISH IN NORTH CAROLINA ROBERT G. BYRDt Despite many decisions on the recovery of damages for mental anguish, the North Carolina courts have failed to de-velop a logical rule structure for determining when recovery is allowable. Thus, the cases are resolved on an ad hoc basis, pro-ducing much uncertainty in the : Robert G. Byrd. mental harms, contemplate an injury that is derived from a physical in- jury or ~ondition.~ The injury dealt with in this Comment--emotional distress-"is mental or emotional harm (such as fright or anxiety) that is not directly brought about by a physical injury, but that may mani- fest itself in physical symptoms."5. fore, damages for mental distress include both the pain and suffer-ing that arose prior to trial, and the pain and suffering that may reasonably develop subsequent to trial.' There are many emotional reactions generally embraced by the term mental anguish,' 9. including fright, shock, 2 ' neurosis, anxiety, embarrassment, As with emotional pain and suffering, mental anguish refers to conditions including depression, anxiety, fright, grief and other significant emotional trauma. Mental anguish damages are usually connected to cases involving wrongful death, disfigurement or serious bodily injury that led to profound sadness and distress for the injured individual.
Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendant’s wrongful act for omission. When a plaintiff claims damages related to mental anguish and emotional distress, it usually opens the door for the defendant to get access to the plaintiff’s medical and mental health records. To some, having to turn over sensitive, private mental health information to the defendant simply adds insult to injury. Another person’s negligent act, such as running a red light, can cause both physical harm and emotional distress to an accident victim. California law defines emotional distress as including suffering, anguish, fright, horror, nervousness, grief, anxiety, worry, shock, humiliation, and shame. recognized that damages for mental suffering in a personal in cover for the past and future mental anguish suffered as a result of those injuries. Over the past one hundred years, the f the fright was the natural consequence of.-was brought about, caused by-the circumstances of peril and alarm in.
mental anguish n. 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. Mental anguish is an element of damage that may recover in a personal injury case. Mental anguish includes suffering such as depression, anxiety, grief, feelings of distress, hopelessness or. Mental anguish is typically not covered under primary CGL policies because it is not included within the policy definition of "bodily injury." However, despite the clear language of the policy, some states include mental anguish within the standard Insurance Services Office, Inc. (ISO), definition of bodily injury providing coverage for those damages. Justia - California Civil Jury Instructions (CACI) () A. Physical Pain, Mental Suffering, and Emotional Distress (Noneconomic Damage) - Free Legal Information - .