Can You Make an Emotional Distress Claim in Texas?
When we think about the fallout from a car crash or another type of accident, we usually only think about the physical aspects. While it makes sense to be concerned about recovering from injuries and paying medical bills, there’s also an emotional aspect following an accident. Many victims struggle with anxiety, depression, and a loss of enjoyment of life. If this sounds like you, you aren’t alone. In Texas, you may be eligible to pursue compensation for emotional trauma after an accident. Learn more about mental distress injury claims and how they can help you.
What Is Emotional Distress?
Emotional distress refers to the mental and psychological suffering someone experiences as a result of an accident or traumatic event. In personal injury law, it falls under the category of non-economic damages, meaning it compensates the victim for subjective, non-monetary losses. It goes beyond temporary stress and frustration, and victims need to prove a severe, prolonged psychological impact in the aftermath of an accident.
Can You Legally Claim Emotional Distress Damages in Texas?
In Texas, you can absolutely pursue a psychological injury lawsuit. However, victims are subject to strict rules while doing so. For one, you can only recover compensation for emotional trauma if you also suffered a physical injury in the same incident. For example, if you were in a truck accident and sustained a spinal cord injury and developed depression as a result, you may be able to claim emotional distress.
Could Your Case Qualify for an Emotional Distress Claim?
Your legal rights surrounding emotional trauma apply in a variety of circumstances. If your case involves any of the following, you may have a path toward compensation:
- Vehicle Collisions—Car, truck, and motorcycle accidents are the most frequent sources of these claims, as serious crashes often leave victims with lasting PTSD.
- Workplace Accidents—Severe industrial or construction accidents can result in catastrophic physical injuries that could fundamentally change your life and lead to emotional trauma.
- Premises Liability—Slip and fall accidents often result in anxiety and other forms of psychological suffering.
- Product Liability—Injuries caused by defective products, especially those causing disfigurement or permanent disability, are frequently grounds to pursue compensation for emotional distress.
How Legal Teams Prove Emotional Distress
Building an emotional damages lawsuit in Texas isn’t always straightforward, but that doesn’t mean you shouldn’t seek compensation. An experienced legal team can help you navigate the complexities and deal with insurance companies that don’t always have your best interests at heart. A lawyer can help you gather these forms of evidence to prove emotional distress:
- Medical documentation from a licensed mental health professional
- Official diagnoses and treatments notes
- Personal documentation, like a daily journal
- Testimony from friends, family, and coworkers
How Much Compensation Can I Receive for Emotional Distress?
There is no standard formula or fixed dollar amount for emotional distress damages. The value of your claim depends entirely on the specific facts of your case. Insurance companies and juries will look at the severity of your physical injuries, the duration of your mental suffering, and how significantly the trauma disrupts your life. When you work with a seasoned personal injury attorney, they can help you manage your expectations about how much compensation you could receive.
What to Do If You’re Dealing With Emotional Distress
If you’re dealing with anxiety after a car accident or another kind of emotional distress, remember that support is out there. First and foremost, seek professional help. Just as you would see a doctor for a broken leg, don’t hesitate to see a therapist or psychiatrist for mental trauma. Document everything and start a journal where you can be honest about your daily struggles. After you’ve gotten the care you need, reach out to a qualified personal injury lawyer. A professional can help you deal with insurance adjusters and build your claim while you focus on recuperating.
Get the Legal Support You Need
Recovering from a severe accident takes time, and the invisible scars often take the longest to heal. Instead of dealing with the emotional trauma alone, get in touch with the team at Nava Law Group, P.C. We can help you build a case that includes compensation for both physical and emotional trauma. We’re proud to serve clients throughout Texas and specialize in a wide range of practice areas.
FAQs About Texas Emotional Distress Claims
Generally, no. Texas law usually requires a physical injury to claim emotional distress damages. One notable exception is a bystander claim, where you witnessed a severe injury or death of a close family member at the scene of an accident.
In Texas, the statute of limitations for personal injury claims is two years from the date of the accident. Failing to file a lawsuit within this two-year window usually results in losing your right to claim any compensation.
For most standard personal injury cases, such as car accidents or slip and falls, Texas does not cap emotional distress damages. However, if your claim stems from medical malpractice, Texas caps total non-economic damages at $250,000 against healthcare providers.
Courts and insurance companies typically look at the severity of the physical injury, the impact on your daily life, and the professional medical diagnoses you have received. They multiply your total financial losses by a specific number based on the severity of your trauma.
