What is neccessary to prove mental anguish

The conduct by the person who did it must be really bad. The cases use words like severe, extreme, outrageous, and shocks the conscience. Just because the victim has a severely bad reaction to the other person's conduct is not enough. It is the conduct of the defendant which must be really bad. In order to prove that you suffered emotional distress, there is no legal requirement that you have been treated by a psychiatrist or psychologist for the injury, but it helps. An insurance adjuster or a jury are likely to be skeptical about someone who claims to have suffered emotional distress, if it wasn't bad enough for the victim to seek professional help. You can only claim damages for the emotional distress caused by the wrongful conduct. Therefore, the defendant's attorney is entitled to establsh a baseline of your mental condition prior to the wrongful conduct. That means that your entire current and past history of emotional issues can be required to be disclosed. The defendant's attorney can ask you intimate details of your dreams, your sexlife and your fantasies, and you are required to be truthful. Many people are unwilling to make such disclosures. Dana Sack 510-286-2200