What is Mental Distress Compensation (Mental Compensation)?

Mental distress compensation, commonly known as mental compensation, is a form of reparation for non-property damage. It aims to compensate victims for the mental anguish and psychological trauma they experience following certain tortious acts. These acts may include unlawful infringements on personal rights such as physical integrity, health, reputation, freedom, credit, privacy, chastity, or rights arising from relationships like those between parents, children, or spouses.

According to Article 195 of our Civil Code, the right to claim mental distress compensation is based on the significant mental harm caused by the wrongful act, even if the harm did not result in direct financial loss. The victim still has the right to request a corresponding amount of compensation from the perpetrator. This compensation is not aimed at specific material losses but rather at alleviating the psychological impact and suffering endured by the victim.

The amount of mental distress compensation typically does not have a fixed standard and is determined based on the specific circumstances of each case. When adjudicating such cases, judges consider factors such as the social status and economic capacity of both parties, the severity of the mental harm suffered by the victim, and the extent to which the incident has impacted the victim’s life. However, there are indeed many cases claimants have made exorbitant demands for mental compensation. Is mental distress compensation really so easily granted?
 

Case Background

One day, Xiao De was riding a bicycle and was hit by a motorcycle while turning at an intersection. Xiao De suffered minor injuries, and while the motorcyclist mentioned some pain in his leg, there were no visible injuries. Xiao De, being in a hurry and since neither party was seriously injured, checked that the bicycle was still functional and left the scene. However, a few days later, Xiao De was notified by the police that he was being charged with negligent injury and was also being sued for a large sum in mental distress compensation, leading him to urgently seek assistance from our firm.
 

Our Practical Experience

Our firm’s investigation revealed that the other party did not provide any hospital diagnosis or photos of injuries during the investigation. The photos taken by the police on the day of the incident also showed no visible injuries on the other party, making it difficult to establish criminal negligence under the Penal Code. With our firm’s assistance, Xiao De received a non-prosecution decision.

In the civil case, the plaintiff claimed to have developed related trauma syndrome after the accident, suffering severe mental harm that impeded normal life, and sought millions in compensation. However, after our analysis, under Article 184 of the Civil Code, the establishment of a tort requires the perpetrator to intentionally or negligently unlawfully infringe upon another person’s rights, with a causal relationship between the unlawful act and the damage. The claimant bears the burden of proof for the damages resulting from the tortious act. In this case, although the plaintiff had medical records, it was difficult to assert that the trauma was caused by the accident in question. Furthermore, the investigation records in the criminal case indicated that the plaintiff had acknowledged feeling pressure due to the non-prosecution result and frequent court appearances, showing that the psychological trauma was not directly caused by the accident. Ultimately, the court did not recognize the claim for mental distress compensation, and Xiao De was only required to pay a portion of the vehicle damage compensation, resulting in a fair verdict for Xiao De.

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