You can sue for emotional distress in Texas as part of a broader personal injury lawsuit. However, it is unlikely that a claim for emotional distress alone would hold up in a Texas court.
Emotional distress is a key component of many personal injury claims. If you suffered psychological trauma because of someone else’s negligence or recklessness, an Arlington personal injury lawyer from Aulsbrook Car & Truck Wreck Lawyers can help you pursue compensation.
Can You Sue for Emotional Distress in Texas?
Yes, you can sue for emotional distress in Texas under certain circumstances. However, you generally cannot file a standalone claim for emotional distress. Typically, it is one type of damage you can recover in a personal injury lawsuit.
Texas courts generally require evidence showing that the emotional distress you suffered is genuine and significant. Temporary frustration or ordinary stress is usually not enough to support a claim.
Can You Sue for Emotional Distress Without Physical Injury?
Yes, it is possible to sue for emotional distress even if you suffered no physical injury, but only in specific scenarios. For example, you may have grounds for a claim if someone threatens you with a weapon or you witness a loved one get hurt or die in a car accident caused by someone else’s negligence.
A personal injury attorney from The Texas Law Dog can evaluate your case and determine whether you have grounds for a lawsuit.
How Can I Sue for Emotional Distress in Texas?
Every personal injury case is different. Several factors can influence the value of your case, including:
- The severity of the emotional harm you suffered
- Whether you also suffered physical injuries
- The amount of medical treatment you underwent
- Whether you suffered permanent psychological harm
- The extent of your lost wages and future earning capacity
- The strength of evidence in your case
- The insurance coverage available
- Whether the defendant acted intentionally or negligently
Cases involving long-term PTSD, severe depression, or permanent psychological harm often have higher values than claims involving temporary emotional symptoms. A lawyer from The Texas Law Dog can assess your claim and estimate its value.
How Long Do You Have to File an Emotional Distress Lawsuit in Texas?
Under Texas Civil Practice and Remedies Code § 16.003, you generally have two years from the date of the incident in which you were harmed to file a personal injury lawsuit in Texas. If you don’t file before the statute of limitations expires, the court will likely throw out your case.
In limited cases where the harm was not immediately discoverable, the two-year clock may not begin until you discover, or reasonably should have discovered, the condition. Whether this exception applies depends on the specific facts of your case. An attorney from The Texas Law Dog can review your situation and explain how long you have to file a claim.
How Do You Prove Emotional Distress?
Proving emotional distress requires more than simply telling the court you have been harmed.
Helpful types of evidence may include:
- Medical records: Mental health evaluations, diagnoses, treatment records, and therapy notes can help establish your condition.
- Psychologist or psychiatrist testimony: Mental health professionals can explain how the incident has affected your emotional well-being.
- Prescription records: Medications for anxiety, depression, PTSD, or insomnia may support your claim.
- Personal journal: Notes documenting your symptoms and daily struggles can help demonstrate how your life has changed.
- Family and friends: People close to you can testify about changes in your behavior, personality, or emotional health.
- Employment records: Missed work, reduced productivity, or job loss caused by your condition may strengthen your case.
- Photographs or videos: Evidence of the underlying incident may support your overall claim.
- Expert witnesses: In some cases, experts can explain the long-term effects of psychological trauma.
The personal injury lawyers at The Texas Law Dog can gather evidence to strengthen your claim.
What is Emotional Distress?
Emotional distress refers to psychological or emotional suffering caused by another person’s wrongful conduct.
While symptoms can vary from case to case, they often include:
- Anxiety
- Depression
- Panic attacks
- Post-traumatic stress disorder (PTSD)
- Fear or phobias
- Sleep disorders
- Emotional trauma
- Humiliation
- Grief
- Loss of enjoyment of life
Negligent vs. Intentional Infliction of Emotional Distress
Texas law distinguishes between two types of emotional distress:
- Negligent infliction of emotional distress: This refers to emotional distress caused by another person’s careless or negligent actions. Texas law generally does not recognize negligent infliction of emotional distress as a standalone claim.
- Intentional infliction of emotional distress: This refers to emotional distress caused by extreme and outrageous conduct that is committed intentionally or recklessly and results in severe psychological harm. If you are a victim, you may be able to file a standalone claim.
Consult a Personal Injury Lawyer
Emotional distress claims are often among the most challenging types of personal injury cases because emotional injuries are less visible than physical ones. Insurance companies often question whether emotional suffering exists or argue that it was caused by something unrelated to the incident.
Calculating emotional distress damages can also be complex. If you intend to pursue a claim, a personal injury lawyer from The Texas Law Dog can investigate your case, calculate your damages, negotiate with insurance companies, and, if necessary, present your case in court.
Schedule a free case evaluation to find out whether you have grounds for a claim.
