Can You Sue for Emotional Distress in Texas?

Being involved in an accident can be terrifying. And, sometimes, emotional distress can be just as damaging as a physical injury. If a person’s negligent or intentional actions caused you to suffer serious mental or emotional harm, you may feel anxious, overwhelmed, or even traumatized. Although physical injuries are often more obvious and measurable, emotional suffering can be more complicated and difficult to prove. The good news is, under Texas law, you may be entitled to pursue compensation for the harm you’ve experienced.

At Pat Maloney: Accident & Injury Attorney, we often hear from clients who want to know if they can file a lawsuit for emotional distress. If you’re suffering because of someone else’s negligence (or intentional wrongdoing), the following is what you should know about your rights, legal standards in our state, and the compensation that may be available to you.

What is emotional distress?

Emotional distress, sometimes called mental anguish, is the psychological impact of another person’s actions. It can involve things like anxiety, depression, insomnia, PTSD, fear, humiliation, and other emotions that can seriously disrupt a person’s life. Here in Texas, the law recognizes several ways a person can recover from emotional distress, including by intentional infliction of emotional distress and emotional distress connected to other injuries.

• Intentional infliction of emotional distress (IIED). Intentional infliction of emotional distress happens when someone does something truly outrageous on purpose, or is so reckless that they don’t care how badly it might affect someone else. We’re not just talking about being rude or mean. The behavior has to be so extreme that most people would say, “That’s just way over the line.”
• Emotional distress connected to other injuries. Texas doesn’t allow you to sue for negligent infliction of emotional distress (NIED) on its own. But if your emotional suffering is connected to a personal injury, like from a car crash, medical mistake, or assault, you may still be able to recover damages. In these situations, emotional distress is treated as part of the overall harm caused by the other person’s actions.

Can I sue without a physical injury?

Let’s be honest. Without an accompanying physical injury, it can be challenging to bring an emotional distress claim here in Texas. However, it is possible. We’ve found that the courts tend to be cautious with these types of cases, particularly when physical harm is minimal or absent. However, we also understand that if the conduct in question is particularly outrageous or intentional, the lack of a physical injury might not be a barrier to compensation. Talk to us about your case today, and we can let you know all your legal rights.

Depending on the facts of the case, claims of workplace harassment, abuse in school, or gross misconduct by government officials may qualify for an emotional distress award. In other situations, though, like a car crash, emotional damages are usually awarded together with compensation for your physical injuries.

In the end, what really matters is the strength of your evidence and whether you can clearly show that your emotional suffering was caused by the other person’s careless or wrongful actions.

How much can I sue for emotional distress in Texas?

There’s no fixed amount for emotional distress damages here in Texas. The value of your case instead depends on a variety of factors, which include:

• What is the duration and severity of your suffering?
• What are its effects on your relationships, work, and quality of life?
• Did you seek out professional treatment, like therapy or counseling?
• Do you have supporting documentation from mental health providers or other experts?

The value of emotional distress claims can be very different. Some of them might end up with settlements that aren’t very big. But some can pay out hundreds of thousands or even millions of dollars. We know that the strongest and most successful cases usually have one thing in common: they make it very clear that the person is in a lot of emotional pain that will last for a long time and is directly caused by what the other person did.

For instance, someone who has been in a traumatic truck accident and then is diagnosed with an anxiety disorder because of it. They may have a strong case for compensation if that emotional trauma makes it hard for them to work, sleep, or enjoy life.

Furthermore, it’s good to know that Texas law may limit the amount of damages you can recover for certain types of emotional distress claims. Our knowledgeable San Antonio personal injury team can explain what those limits might mean for your case.

How do I prove emotional distress in Texas?

Because they involve what’s known as “invisible injuries,” emotional distress claims can unfortunately be difficult to prove. This is why you’re going to need strong evidence to support your claim. The best types of documentation include:

• Your medical and/or psychological records
• Testimony from mental health experts
• Employment records demonstrating lost income or missed time due to your condition
• Statements from family, friends, or coworkers
• Personal journals or written accounts of your emotional experience

If you’re pursuing a claim for intentional infliction of emotional distress, the courts require you to meet a higher legal standard. You will need to show that:

• The defendant acted intentionally or recklessly.
• The conduct was extreme and outrageous.
• The action caused emotional distress.
• The distress experienced was severe.

If you have physical injuries, your emotional distress damages will be included in your larger personal injury claim. With these, the main thing is to look at how the injury and the trauma around it have affected your mental health.

What is the statute of limitations for emotional distress in Texas?

In Texas, you typically have two years from the date of the accident or incident to file a personal injury lawsuit, including one involving emotional distress. This time limit is known as the statute of limitations.

Sometimes, you may not realize the full extent of the emotional harm right away. For example, symptoms of PTSD may not show up until weeks or months after a serious accident. However, it’s still important to act quickly and speak with a lawyer as soon as you can. Waiting too long can bar you from filing a lawsuit altogether.

Further, if the defendant is a government agency, such as a public school or city government, you may face additional notice deadlines. The Texas Tort Claims Act (TTCA) requires written notice within six months, but many cities impose even shorter deadlines.

Can I sue a school, city, or employer for emotional distress?

Yes, in Texas, you can sue a school, city, or employer for emotional distress, but these cases are difficult and need careful legal planning. Below are a few examples of situations where people may consider suing for emotional distress in Texas.

• If a school doesn’t do anything about bullying, abuse, or unsafe conditions that hurt your feelings, you might have a good case against them. But public schools are mostly immune under the TTCA, so you’ll have to show that they were very careless or did something wrong on purpose.
• When you sue a city, you have to follow certain rules set by the TTCA. There are often limits on how much money you can get back, and you have to file your claim within six months.
• If you sue your employer, you may be able to get money for emotional distress at work if you were harassed, discriminated against, or worked in unsafe conditions. If your distress is caused by illegal behavior, such as discrimination under Title VII, you may also be able to get help from the federal government.

In all of these situations, it’s important to have a lawyer who knows Texas civil law and how government immunity works.

Emotional distress after a car accident

One of the most common causes of emotional trauma is car accidents. Victims of car crashes can suffer from anxiety, depression, phobias, and sleep disorders, even after just minor collisions. If another driver’s negligence caused your car accident, you may be eligible for compensation for both your physical and emotional harm. These types of claims are usually brought as part of a broader personal injury lawsuit. Emotional distress damages can include therapy bills, costs of prescription medication, compensation for pain and suffering, and loss of enjoyment of life.

If you’ve been involved in a car crash and are struggling with the emotional effects, it’s important to both document your symptoms and look for professional support. These records can help strengthen your legal claim.

Remember, emotional distress is real, and it can affect every part of your life. If you’re suffering from emotional trauma because of someone else’s reckless, negligent, or intentional behavior, you may have the right to look for compensation through a personal injury lawsuit.

At Pat Maloney: Accident & Injury Attorney in San Antonio, we understand emotional distress cases and take them very seriously. Our team knows how devastating these injuries can be, even if they’re invisible to the eye. We take the time to listen to your story, explain your legal options, and help you craft the strongest case possible. Call our offices today or complete our contact form to schedule a free consultation.