For the Defense

If February reminded us that Texas can, in fact, freeze and March made us wonder if winter ever really showed up, April seems determined to strike a balance. Spring is in full swing, bringing longer days, warmer temperatures, and—at least for a little while—some predictability to the weather. We will take it while we can.

Of course, while the seasons may shift, the work does not. Claims continue to come in, lawsuits are filed, and cases move forward. Our team remains ready to respond at a moment’s notice—whether that means immediate on-site assistance, guiding a matter toward resolution, or preparing to defend it through trial. That consistency is something we take pride in, regardless of what the forecast may bring.

We also look forward to gathering with many of you this month at the Texas Law Update—Dallas Edition. It is always a highlight for us to connect in person, share ideas and knowledge, and, of course, enjoy some good food and conversation along the way. For those unable to attend, we are always happy to bring these presentations directly to you.

Thank you, as always, for your continued trust and partnership. We appreciate the opportunity to work with you and look forward to what the rest of the spring season has in store.

The question of mental anguish damages is one that is frequently visited in personal injury claims. Texas law provides that a claim of mental anguish is generally covered under Texas personal injury policy, especially when accompanied by physical injuries.

There is a two step process in determining the appropriate valuation of mental anguish damages. First, the plaintiff must produce evidence of the existence of compensable mental anguish. Saenz v. Fidelity & Guar. Ins. Underwriters, 925 S.W.2d 607, 614 (Tex.1996). Second, there must also be some evidence to justify the amount awarded. Saenz, 925 S.W.2d 607, 614 (Tex.1996). In short, a plaintiff should be required to demonstrate a rational connection, grounded in evidence, between the injuries suffered and the dollar amount awarded. Gregory v. Chohan, 670 S.W.3d 546, 551 (Tex. 2023)

Unlike damages for past medical expenses, the amount of monetary compensation for mental anguish damages is left to the discretion of the jury or judge. However, juries cannot simply pick a number and put it in the blank. Bently v. Bunton, 94 S.W.3d at 606 (quoting Saenz, 925 S.W.2d at 614). In determining the reasonable value of a plaintiff’s mental anguish damages, it is recommended that documentation of the alleged mental anguish on the plaintiff be located and obtained from third-party sources. Discovery on a mental anguish claim focuses on the disruption of a plaintiff's daily life. It consists of employment and school records for absences relating to emotional disturbance as well as records from psychologists, psychiatrists, or counselors, and deposing plaintiff concerning specific examples of their alleged mental anguish.

Documentation which may support a higher valuation would be records of obtaining mental health treatment from a professional, the need for and use of medications for sleep, panic or increased anxiety, or the increase in absences from school or work. Likewise, a plaintiff who presents some evidence of initial mental anguish, such as nightmares for a short period of time following an accident, would likely be entitled to a lesser valuation of his mental anguish damages.

Each case with an asserted claim of mental anguish must be evaluated on its own merits. There is no one-number-fits-all method of evaluation of these highly subjective damages.