EMOTIONAL DAMAGES

If a person views an event that causes injury to anther or comes upon the scene of the accident soon after the injury-causing event, that person may be able to recover damages for mental anguish or emotional distress that he suffers as a result of the other person's injury. The following classes of people can recover for these types of injuries:

  1. The spouse, child or children, and grandchild or grandchildren of the injured person, or either the spouse, the child or children, or the grandchild or grandchildren of the injured person.

  2. The father and mother of the injured person, or either of them.

  3. The brothers and sisters of the injured person or any of them.

  4. The grandfather and grandmother of the injured person, or either of them.

I order t recover for mental anguish or emotional distress, the injured person must suffer such harm that one can reasonably expect a person in the claimant's position to suffer serious mental anguish or emotional distress. The claimant's mental anguish or emotional distress must be severe, debilitating and foreseeable.