Can You Sue for Emotional Distress in Texas?

Personal injury victims often experience physical injuries or damages, such as bodily injury or property damage. Although physical damages may be easier to measure, the law also recognizes non-physical damages in the form of emotional distress or mental anguish. Emotional distress is the extreme mental anguish caused by the defendant, and the Texas courts differentiate between two types of emotional distress. In Texas, you may not bring a claim for emotional distress caused by a defendant’s negligence unless you also have a personal injury claim for a physical injury against the defendant as well. On the other hand, you may bring a claim against a defendant for emotional distress when the emotional distress was intentionally caused by the defendant’s actions.

If you have been physically injured by a defendant’s negligence, you may be able to pursue compensation for both the physical injury and any emotional distress you have suffered as a result of such injury. You will need to gather relevant evidence that will help prove the extent of your emotional distress. With the assistance of a skilled personal injury lawyer, you may be able to recover the maximum amount of compensation you deserve for your suffering.

What Are the Types of Emotional Distress?

There are two types of emotional distress in Texas personal injury cases. Negligent infliction of emotional distress (NIED) occurs when the victim’s mental anguish is caused by the defendant’s negligence. For example, whenever a defendant negligently causes a victim’s physical injury, the victim may also suffer mental anguish along with the physical injury. On the other hand, intentional infliction of emotional distress (IIED) occurs when the victim’s severe mental anguish is caused by the defendant’s intentional actions. IIED most commonly occurs when a defendant intentionally commits a violent crime against the victim. Typically, NIED is more common than IIED.

In Texas, you may only pursue compensation for NIED if you are already bringing a personal injury claim against the defendant for a physical injury. NIED claims cannot be brought completely alone; therefore, you must seek damages for a physical injury if you wish to recover for NIED in your personal injury case. Unlike with NIED, you may bring a claim for IIED against a defendant without needing an additional claim for a physical injury. Because most cases involve NIED rather than IIED, it is important that you understand the requirements for pursuing compensation for NIED.

What Kind of Evidence Do You Need When Suing for Emotional Distress?

When you bring a claim for emotional distress, you must prepare evidence that supports your case. Working with an experienced personal injury lawyer is essential if you want to build the strongest case against the defendant. Many victims bring NIED claims because they are experiencing mental anguish as a result of their physical injury. Typical evidence of emotional distress includes, but is not limited to, the following:

• Detailed medical records that show the extent of your injuries
• Photographic evidence of the severity of your injuries
• A journal you have kept since your injury that relays the pain and suffering you experience daily
• Photographic evidence of the accident scene that shows how traumatic the accident was for you
• Expert testimony from a physician or psychologist

Many victims of severe injuries also experience mental anguish as a result. For example, victims may not be able to enjoy the activities they once loved, or they may live in constant fear of experiencing the same trauma again. If you have emotional distress as a result of a negligent defendant, you may be able to bring a claim for NIED along with your personal injury claim for the physical injury itself. Although less common, you may be able to bring a claim for IIED if you are able to prove that the defendant’s actions were intentionally meant to harm you and also caused you severe emotional distress.

Reach out to Dale R. Rose, PLLC Today to Discuss Suing for Emotional Damage in Your Personal Injury Case

Living with emotional distress caused by someone else’s actions negatively impacts a victim’s quality of life. Victims deserve to be compensated for both their physical and non-physical damages. Texas law recognizes both NIED and IIED as legitimate claims that may be brought against a defendant, but victims must also bring a claim for a physical injury if they want to recover for NIED. You should consult with an attorney if you wish to pursue compensation for your emotional distress. Our experienced personal injury lawyers are ready to discuss your case today.

At Dale R. Rose, PLLC, we care about helping you obtain the compensation you deserve for your mental anguish. To schedule a consultation, please call (972) 634-ROSE (7673) or fill out our contact form.