There is a lot of mental anguish in a DTPA claim, but can I be compensated for it?
Yes, if the jury finds that the DTPA violation was done KNOWINGLY. If they jury does not find that the DTPA violation was done KNOWINGLY, then there is no mental anguish recovery.
In a DTPA claim for damage to your property, you can normally recover damages for costs of repair, diminution in value of the property and loss of use. After that, there is no compensation for mental anguish.
There is, however, compensation beyond your property damages for costs of repair,loss of use and diminution of value. If the jury finds that the DTPA violation was done knowingly, then they can award "additional" damages up to twice again the amount awarded. At this stage, they can consider your mental anguish among other reasons to award the "additional" damages.