Yes, you can sue for emotional distress in Texas so long as you can prove that the defendant intentionally caused your distress or that you also suffered a physical injury as a result of their behavior.
If you’re suffering from emotional distress, the prospect of filing a claim can be intimidating. A Texas personal injury lawyer can take on your case and help you pursue compensation.
Can I Sue for Emotional Distress in Texas?
Yes, you can file a lawsuit for emotional distress in Texas. However, there are specific criteria your case must meet for you to do so.
In Texas, emotional distress claims fall under two categories: negligent infliction of emotional distress (NIED) and intentional infliction of emotional distress (IIED). If you can prove that your distress is a direct result of the defendant’s conduct, you can pursue compensation via an IIED claim.
The state does not allow individuals to file suits solely for emotional distress caused by negligence. However, you may be able to pursue damages for NIED as part of a personal injury claim if you also sustained a physical injury in the incident.
How Much Can You Sue for Emotional Distress in Texas?
Emotional distress damages can range from thousands to millions of dollars. Factors that can influence the value of a settlement include the severity of the distress, its impact on the claimant’s life, and the strength of the evidence.
There are no fixed caps on emotional distress damages in Texas. State courts consider several factors when determining the value of a settlement, including:
- Severity of emotional distress: The more severe and long-lasting your emotional suffering, the higher your potential compensation.
- Impact on daily life: If your emotional distress has significantly interfered with your ability to work, maintain relationships, or enjoy life, it can increase the value of your claim.
- Evidence and testimony: Strong evidence, including medical records, therapy notes, and expert testimony, can bolster your case.
What Qualifies as Emotional Distress in Texas?
Under Texas law, emotional distress claimants must meet specific legal criteria to be eligible for compensation. The following are examples of situations that may qualify:
- Severe mental anguish: To qualify as emotional distress in Texas, your mental anguish must be more than fleeting or minor. It must reach a level of severity that significantly disrupts your daily life, such as causing debilitating anxiety or depression.
- Accompanying physical injury: In most NIED cases, Texas courts require emotional distress to be linked to a physical injury. For example, if you were involved in a severe car accident and developed post-traumatic stress disorder (PTSD), this could qualify.
- Intentional conduct: Intentional acts such as harassment, defamation, or threats can serve as grounds for emotional distress claims. In these cases, the plaintiff must prove that the defendant’s conduct was extreme and outrageous, exceeding the bounds of decency.
- Bystander claims: Under Texas law, individuals can claim emotional distress damages as bystanders if they witness a traumatic event involving a close family member, such as a severe injury or death caused by negligence.
It is important to note that general emotional discomfort, embarrassment, or inconvenience is not enough to constitute a claim. The distress must be substantial and directly linked to the defendant’s actions.
How Do You Prove Emotional Distress in Texas?
To prove emotional distress in Texas, you must demonstrate that the defendant’s actions were intentional or reckless, that they caused you severe emotional distress, and that the distress was a direct result of their actions.
Key pieces of evidence that can prove this include:
- Medical records and expert testimony: Documentation from mental health professionals is critical. Their professional evaluations can demonstrate a direct connection between the incident and your emotional distress.
- Physical symptoms: Texas courts often look for physical manifestations of emotional distress, such as insomnia, migraines, or gastrointestinal issues. Medical records linking these symptoms to your emotional distress can strengthen your claim.
- Bystander or witness testimony: Statements from family members, friends, coworkers, or others who can attest to noticeable changes in your behavior, mood, or overall well-being can support your case.
- Daily impact evidence: Journals, diary entries, or documentation that records how your emotional distress has impacted your daily life can illustrate its severity. For instance, evidence of missed work or strained relationships can reveal the impact of the distress.
- Defendant’s conduct: Proving that the defendant’s actions were negligent or intentional is a key element under Texas law. This may involve showing reckless behavior, malicious intent, or extreme indifference to your well-being.
What Is the Statute of Limitations for Personal Injury Lawsuits in Texas?
In Texas, the statute of limitations for personal injury cases, including emotional distress claims, is generally two years from the date of the incident. If you fail to file within this time frame, you may lose your right to pursue compensation.
Certain exceptions may extend this deadline, such as in cases involving minors, incapacitated individuals, or delayed discovery of harm. An attorney can make sure you file on time.
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Is It Worth Suing for Emotional Distress?
The answer as to whether it’s worth it to sue for emotional distress will depend on the specifics of your case and the strength of your evidence. If you’re on the fence about filing a claim, consider the following factors:
- Severity of your distress: If your emotional suffering is profound and life-altering, pursuing a claim may be worthwhile.
- Strength of your case: Evaluate the availability of evidence and the likelihood of proving your claims.
- Legal costs: Consider the expenses of filing a lawsuit and hiring an attorney versus the potential compensation.
- Emotional impact of litigation: Litigation can be stressful and time-consuming, so consider whether it’s worth the emotional toll.
For many, the compensation awarded for emotional distress can provide financial relief and peace of mind. A personal injury attorney can help you decide if pursuing a lawsuit is the right decision for you.
Contact a Texas Personal Injury Lawyer Today
An emotional distress claim can be difficult to navigate on your own. If you’ve been traumatized due to someone else’s actions, a personal injury lawyer from Omega Law Group Accident & Injury Attorneys can evaluate your case, gather evidence, and help you pursue damages.
Don’t face this challenge alone. Schedule a free consultation today to begin your journey toward justice.
