Emotional distress is a natural consequence of serious injuries and accidents. While it is relatively simple to determine the value of things like medical bills and property damage, it is arguably harder to put a price tag on emotional distress or suffering. Even so, it may be possible to claim damages for emotional distress in a lawsuit.
In Texas, you can sue for emotional distress as part of a larger claim, usually for physical injuries. However, it may be possible to sue for emotional distress as an independent claim if the defendant intentionally committed some outrageous or shocking act with the intention of causing severe distress. To prove your claims, we need evidence of the distress and your mental health. A mental health professional should evaluate you, and your testimony may prove invaluable.
Call our Austin, TX personal injury lawyers at Cap City Injury Attorneys at (512) 612-3110 and ask for a free review of your case to get started.
When Can You Sue for Emotional Distress?
While emotional distress is often part of personal injury claims, it might be an independent claim under certain conditions:
- As part of another injury claim based on negligence
- A separate intentional infliction of emotional distress claim
- A negligent infliction of emotional distress claim as part of another claim.
How to Sue for the Intentional Infliction of Emotional Distress
If you file a claim for the intentional infliction of emotional distress, you must prove several specific legal elements. Our Austin, TX personal injury lawyers must also have enough evidence to prove each element by a preponderance of the evidence.
Defendant’s Extreme or Outrageous Actions
First, we must show that whatever the defendant did that caused you emotional distress constitutes shocking, extreme, or outrageous conduct. If you experienced distress but the defendant was not acting unreasonably under the circumstances, you may not file an IIED claim. However, if you were injured, you may claim emotional distress among your damages.
Defendant’s Intent
We must next prove that the defendant intentionally or recklessly caused you severe emotional distress. In many cases, defendants act outrageously to provoke a reaction from the victim and cause them serious distress. If the distress was the result of negligence or an accident, you might need to rethink your claim.
Severe Emotional Distress
Finally, we must show that you experienced severe emotional distress because of the defendant’s actions. Typically, distress must be severe or extreme for plaintiffs to have a valid claim. As such, many cases involve extremely shocking or unusual circumstances.
Can I Sue for Negligent Infliction of Emotional Distress?
Negligent infliction of emotional distress (NIED) typically means suing for witnessing injury to a loved one or otherwise facing emotional distress because of something someone else did by accident. In Texas, you cannot sue for NIED without a physical injury. If there is a physical injury, you would claim emotional distress as part of your damages in a personal injury claim.
Put another way, there is no separate NIED claim in Texas.
In 1993, the Texas Supreme Court eliminated the claim of NIED in the case of Boyles v. Kerr. It was ultimately decided that people do not have a legal duty not to negligently inflict emotional distress in Texas, and plaintiffs may not recover damages solely for NIED without a breach of some other legal duty or obligation.
How to Prove Claims of Emotional Distress in Austin, TX
Emotional distress can be hard to explain, and we need the right evidence to prove your claims in court.
Mental Health Evaluations
Severe emotional distress may be identified and explained by a qualified mental health expert, like a psychiatrist. You should be evaluated by a mental health professional as soon as possible, and they may testify about your condition in court.
Witness Testimony
Other witnesses may also testify about your mental health in the aftermath of the defendant’s actions. Those close to you can testify about changes in your personality or demeanor, or other observable effects of the distress.
Implied by the Facts
When your injuries are extreme, emotional distress may be presumed. For example, if a plaintiff was left permanently paralyzed after a car accident, a jury will likely assume that they have suffered emotionally as well as physically. If the facts of your case are unusually extreme or shocking, we may use them to support claims for emotional distress.
FAQs for Suing for Emotional Distress in Austin, TX
Can I Sue for Emotional Distress?
You may sue for emotional distress. However, in Texas, claims for emotional distress are often attached to a larger claim for personal injuries, although independent claims for emotional distress are possible.
Do I Have to Be Physically Injured to Sue for Emotional Distress?
In most cases in Texas, yes, a plaintiff must show they have some physical injury to claim damages for emotional distress. However, claims for the intentional infliction of emotional distress might not have this same requirement.
How Long Do I Have to Sue for Emotional Distress in Austin, TX?
You have a limited time in which to file claims for emotional distress. Whether you file these claims as part of a personal injury case or an independent IIED claim, you typically have only 2 years.
How Do I Prove My Emotional Distress in Court?
Emotional distress is not something you can hold up in front of a jury, so records from mental health evaluations and your own testimony may be important in proving these claims.
What Are Claims for Emotional Distress Worth?
What your claims are worth depends on how the emotional distress has affected your life. Extreme distress can lead to psychological disorders or conditions, and may interfere with a person’s personal and professional life. In such cases, damages may be quite substantial.
Can I Sue for Emotional Distress as My Sole Claim?
In Texas, you are allowed to file an independent claim for emotional distress if you believe it was inflicted intentionally. However, claims for negligent infliction of emotional distress are generally not permitted.
Can I Accept a Settlement for Emotional Distress?
You may accept a settlement, although this is entirely up to you. Talk to an attorney before accepting any settlement offer.
Contact Our Austin, TX Personal Injury Lawyers About Your Claims Today
Call our Leander, TX personal injury lawyers at Cap City Injury Attorneys at (512) 612-3110 and ask for a free review of your case to get started.