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Emotional Distress After An Accident

Can You Sue For Emotional Distress In Texas

Dec 7, 2023 | Personal Injury

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When you are burdened with emotional distress, the strain can be overwhelming. From seemingly endless forms of abuse and witnessing harrowing incidents to enduring a traumatic robbery, the triggers vary significantly. If you are contemplating a lawsuit for emotional distress in Texas, comprehending the specific legislation and your potential legal recourse is crucial.

While compensation for emotional distress might not erase the imprints, nevertheless, it does provide a sense of relief and serves as a formal recognition of your pain and suffering.

Emotional distress, by legal standards, is perceived as the mental anguish or emotional pain inflicted due to the actions of another party. It is an integral part of tort law, which is a civil wrong that can result in monetary damages. To secure damages for emotional distress, as a plaintiff, you must prove:

  1. The actions of the defendant were intentional or reckless.
  2. The behavior of the defendant led the plaintiff to endure emotional distress.
  3. The emotional distress was so severe that it compelled the plaintiff to seek medical intervention, or it disrupted the normal functioning of their life.

The intensity of emotional distress required for compensation differs from state to state. Some require a higher threshold of distress, while others might allow lower levels, provided they exceed mere hurt feelings.

Can You Sue for Emotional Distress in Texas?

In Texas, it is not possible to sue for emotional distress alone, commonly referred to as NEID (Negligent Infliction of Emotional Distress). However, if you have also suffered a physical injury, emotional distress can be part of your personal injury claim. To recover compensation, you must demonstrate that the defendant’s negligence resulted in the NEID and that the distress was severe.

Texas law does not recognize NEID claims as an independent tort. Therefore, you cannot sue for NEID without suffering physical injury. However, if you suffer both physical injury and NEID, you might recover damages as part of a personal injury claim.

In Texas, successful emotional distress cases often relate to nursing home abuse, assaults, or violence threats. Courts are keen to establish a connection between the emotional distress and a violent act that has been, or is being, committed.

However, in cases wherein emotional distress arises from negligence, like bus accidents, dog bites, or injuries from defective equipment, a person may not secure compensation as readily. In such scenarios, robust evidence might be necessary to determine the worthiness of compensation. Adhering to the correct protocol while suing for emotional distress in Texas is crucial to have your case taken seriously and progress toward your desired outcome.

How to Sue for Emotional Distress in Texas

The process of suing for emotional distress involves assessing the claim, filing your case, and fighting it in court.

  1. Assessing the Claim: Have a seasoned lawyer evaluate your claim’s viability. They can scrutinize whether the person who has allegedly caused the emotional distress can be held liable and if approaching a settlement out of court is a viable first step.
  2. Filing your Case: Once you have assessed the claim and decided on the compensation amount, you can file your case with the court. Be mindful of the deadline, which is typically within two years of the alleged incident.
  3. Fighting your Case:  you need to prove two key things in your lawsuit – that the accused incident caused the emotional distress and that the compensation amount is in keeping with the ordeal.

Managing the intricate web of legalities surrounding an emotional distress lawsuit can be daunting. Here at Walker Texas Lawyer, we are committed to guiding you through the process with the expertise and empathy you deserve. You do not have to navigate this path alone. Let us lend our extensive experience in Texas law to help you seek justice and compensation for your emotional distress.

It Is Important to Sue for Emotional Distress When You Are Injured

Physical injuries are outwardly visible and quantifiable, making them identifiable markers of a person’s pain and suffering following an accident. However, emotional distress, an often overlooked aspect of personal injuries, can be just as damaging, if not more so. It is important to pursue emotional distress with your personal injury claim. Here is why.

Recognizing the Devastating Impact of Emotional Distress

While physical injuries can heal over time, emotional distress can wreak havoc on a person’s mental health, affecting their daily life, relationships, and overall well-being. Anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health disorders can arise from traumatic events. They can be debilitating and long-lasting, often requiring ongoing mental health support and care.

Financial Aid for Treatment and Support

Mental health treatment involves seeking help from psychologists, psychiatrists, and therapists. These professionals can assist in coping with emotional distress, but their services come at a cost. If another person’s actions or negligence caused your emotional distress, it is only fair that they bear the financial responsibility for your required mental health care. A successful lawsuit can ensure that the responsible party is held accountable. Additionally, it will make sure you are not left to shoulder the financial burden of their actions.

Compensation for Loss of Enjoyment of Life

If your emotional distress is severe enough to prevent you from participating in or enjoying activities you once loved, you should be compensated for this ‘loss of enjoyment of life.’ This compensation can be essential for incentivizing steps toward recovery and acknowledging the pain you endure.

Validation and Justice

Suing for emotional distress following an injury can provide a sense of validation and justice. It officially acknowledges your suffering and holds the responsible party accountable for their actions. Knowing that the person who caused you harm is being held accountable can often provide significant emotional relief and support recovery.

Preventing Similar Instances in the Future

By holding people accountable for their actions through legal means, you contribute to discouraging similar behavior in the future. Your legal actions can potentially save others from having to endure similar experiences of emotional distress.

Why Choose Walker Texas Lawyer for Your Personal Injury Claim?

When you are embroiled in the complex, challenging aftermath of a personal injury, having an aggressive, experienced, and empathetic advocate by your side is a game-changer. That’s where Walker Texas Lawyer steps in.

Unmatched Experience

With over 40 years of experience in personal injury law, Walker Texas Lawyer has solidified his position as a seasoned professional. Through his comprehensive understanding of the law, he has formulated strategic, personalized solutions for countless victims.

Track Record of Success

Walker Texas Lawyer boasts an impressive record of securing justice for victims. He has successfully represented over 25,000 clients, obtaining substantial recoveries. His commitment stems from a burning desire for justice. James Walker aims to ensure that all those who harm others are held accountable for their actions.

Client-First Approach

Walker Texas Lawyer takes the time to understand each client’s unique situation and needs. His personalized approach allows him to prepare an effective legal strategy that resonates with the specifics of your case.

No Win, No Fee

To ease the financial strain, Walker practices on a contingency fee basis. Simply put, if you don’t win, you don’t pay. This eases the financial worry, and the focus remains squarely on winning justice for you.

So, when you’re recovering from the aftermath of a personal injury, rely on a lawyer who brings a blend of expertise, passion, and empathy to the table. Call Walker Texas Lawyer – because you deserve nothing but the best when it comes to your quest for justice!


For more information, contact Houston’s accident law firm of Walker Texas Lawyer by calling (713) 552-1117.

Walker Texas Lawyer
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Houston, TX 77027

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Walker Texas Lawyer – Montrose
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Houston, Tx 77098

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Texas City, Tx 77591


(713) 552-1117


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Walker Texas Lawyer - (Principal Office)

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Walker Texas Lawyer - (Montrose Location)

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Walker Texas Lawyer is located in Houston, just off the southwest freeway near the corner of Edloe St and West Alabama St. We serve clients throughout Texas. Injured in a car, motorcycle, offshore, or industrial accident? We can help you get the compensation you deserve. The following are some areas we serve:

About Walker Texas Lawyer

James Walker - Walker Texas Lawyer James Walker is a Personal Injury Attorney in Houston, Texas. He has over 40 years of legal experience and has helped over 25,000 clients. This means he has demonstrated his extensive knowledge of legal procedures. He knows how to handle insurance companies. If insurance companies refuse to give you a fair shake, they will take the insurance companies to court. He knows the law inside and out. He knows what he’s doing.

Walker will try to settle your case without going to court. But if that doesn’t work, he is ready and prepared to take your case before a judge. He is Houston’s Personal Injury Lawyer for a reason; he will fight for you, seek the maximum compensation on your behalf, and make sure you get what you deserve after an accident.