Learn how to document and prove emotional distress in personal injury cases in Texas.
When a person has an accident, they don’t only suffer physical and financial consequences. Often, the most severe effects aren’t visible, like the anxiety, depression, and psychological suffering that come after a personal injury. These effects are called “emotional distress,” and they can change the lives of the person who suffers them and their family as well.
In many personal injury cases, the suffering is more than what appears on the surface. For this reason, Texas state law allows you to claim compensation for this damage. To do this, you must present clear evidence and prove that you truly went through that emotional turmoil and explain its extent.
This article provides practical and reliable information on how to document and prove emotional distress in Texas. Here are basic tips and how having a lawyer by your side can help you navigate the process in an easier way.
Can I Sue for Emotional Distress in Texas?
Yes, a Texas resident has the right to sue for emotional distress damages as a result of a personal injury. The law allows you to claim damages for emotional distress, as well as for reasonable clinical expenses and reimbursement for lost wages.
The law considers psychological suffering to be on the same level as the pain from a fracture or a surgery. For example, imagine you survive a car rollover and experience post-traumatic stress, a fear of driving, or insomnia. These and similar symptoms can diminish your quality of life and your ability to work, socialize, and enjoy hobbies.
However, not all cases qualify. You must establish a direct causal relationship between the accident and the injuries. Therefore, the type of incident is important for the claim. The most studied and analyzed incidents, such as car accidents, errors made inside and outside the hospital, and accidents on others’ property, are those where Texas courts most frequently recognize emotional trauma.
What Is Emotional Distress in a Texas Personal Injury Case?
In Texas, emotional distress is classified as non-economic damages. These damages aren’t calculated based on medical bills and receipts; instead, they are assessed based on the impact of the injuries on the victim’s life.
Common examples include:
- Lack of ambition or motivation
- Loss of enjoyment in life
- Panic attacks or constant anxiety
- Postpartum depression
- Insomnia or other sleep disorders
According to Texas law, these effects can be lasting or permanent. Therefore, Texas courts consider both clinical diagnoses and the impact of the symptoms on a person’s daily activities.
Imagine a scenario where, as a result of an incident, you lose the ability to concentrate at work and participate in family activities. This reflects emotional suffering of a much greater magnitude than physical pain. Consider the scenario where you face the loss of personal relationships, social isolation, and a lack of self-confidence.
In these scenarios, it is essential that you prove the effects are causally connected to the personal injuries suffered in Texas and that they are real and quantifiable. Insurers and courts have the right to dismiss your claim if it lacks supporting evidence.
How Much Can I Sue for Emotional Distress in Texas?
In Texas, the amount of compensation you can get for emotional distress depends on the severity of the situation and the amount of evidence you have to support it. There is no standard figure, as each case is different. However, some factors that influence the calculation are:
- The severity of the initial physical injury
- The duration of your emotional suffering
- The impact on your personal and professional life
- The testimony of mental health experts
If the emotional distress is temporary and no substantial losses are presented, you’ll likely receive lower compensation. However, if the emotional distress is very deep and ongoing, there is a possibility that you may receive a substantial amount.
Texas can impose compensation limits for non-economic damages, particularly in cases of medical negligence. However, these limits don’t always apply in other types of personal injury lawsuits. The only way to know the exact amount you can ask for is to have a conversation with an attorney.
What Kind of Evidence Will You Need to Support a Claim for Emotional Distress in Texas?
Unlike a medical bill, emotional pain isn’t easily quantifiable. You’ll need to prove emotional distress through records and various forms of evidence that the courts will accept.
Types of Evidence to Document Emotional Distress
- Medical and psychological records: See a psychologist or psychiatrist to get a professional diagnosis that links the accident to your emotional symptoms.
- Personal journals: Write about the emotional changes and difficulties you face each day to show a pattern of suffering.
- Testimonies from family and friends: Allow them to describe how your life changed after the accident.
- Employment history: Present records of lost productivity or frequent absences.
- Prescription medications: Use prescriptions for antidepressants, anti-anxiety medications, or sleeping pills as additional evidence.
Attorneys also often turn to mental health experts to present detailed reports. Experts know how to address a jury effectively, focusing on quantifiable evidence of emotional trauma that many people don’t recognize as a valid injury.
Common Mistakes When Proving Emotional Distress
In Texas, many people weaken the potential compensation of their personal injury claim when seeking compensation for emotional distress due to common mistakes. The most notable ones are:
- Not seeking medical or psychological treatment after the accident.
- Procrastinating in recording emotional symptoms.
- Minimizing or denying the impact on their daily life for fear of stigma.
- Giving inconsistent testimony to doctors, insurers, or courts.
- Relying solely on personal testimony without supplementary materials.
Insurers take advantage of these mistakes and use them to claim that emotional distress is non-existent or not as severe as claimed. That’s why people who have suffered a personal injury have to act seriously and gather evidence from the beginning.
Why You Need a Personal Injury Attorney in Texas
Filing a personal injury claim in Texas without legal help can be overwhelming. Insurers often try to minimize emotional damages by claiming the affected individuals don’t have enough medical evidence. This is where a specialized attorney becomes invaluable.
An experienced attorney can:
- Tell you what documents and evidence you should gather.
- Contact medical and psychological experts to strengthen your case.
- Negotiate firmly with insurers to avoid unfair offers.
- Represent you in court if negotiations fail.
An attorney also understands the relevant Texas laws and can accurately predict a reasonable compensation amount. This greatly increases your chances of receiving a fair settlement for both your financial losses and psychological trauma.
Having this support isn’t just a legal tactic; it also provides emotional support during what is often a long and complicated process.
Contact Javier Perez, Nuestro Campeón, and His Team Today!
If you or a loved one is in this situation, you are not alone. Javier Perez is a dedicated catastrophic injury and labor law attorney in Dallas, Texas, committed to protecting the rights of injured individuals and workers across the state. With a proven track record of fighting for justice in complex cases, Javier brings experience, integrity, and compassion to every client.
Javier Perez, Nuestro Campeón, and his team will strategically defend your rights and guide you through every step of the legal process. Contact the Law Office of Javier Perez, PLLC to schedule a consultation and get the guidance you deserve.
*The information contained on this page does not, and is not intended to, create an attorney-client relationship. The results mentioned are unique to each case and do not guarantee similar outcomes in other cases.