Physical injuries are often visible and measurable, but emotional harm can be just as real—and just as disruptive. After a serious accident or traumatic event, many people experience anxiety, depression, sleep problems, or lasting psychological distress. Texas law recognizes these harms and allows injured individuals to seek compensation for emotional distress in certain personal injury lawsuits.
This blog explains how emotional distress claims work in Texas, when they are available, and what evidence is typically required.
What Is Emotional Distress Under Texas Law?
Emotional distress refers to psychological and emotional suffering caused by another party’s negligence or wrongful conduct. In Texas injury cases, emotional distress often includes conditions such as:
- Anxiety or panic attacks
- Depression
- Post-traumatic stress disorder (PTSD)
- Fear, shock, or humiliation
- Sleep disturbances or nightmares
- Loss of enjoyment of life
Texas does not treat emotional distress as a standalone claim in most situations. Instead, it is usually recovered as part of a broader personal injury lawsuit.
When Can You Recover Emotional Distress Damages?
In most Texas injury cases, emotional distress damages are available when they are tied to a physical injury. For example, someone injured in a car accident may recover compensation for both physical pain and the emotional trauma that followed.
Texas courts are more cautious when emotional distress is claimed without a physical injury. These claims are limited and typically require extreme or outrageous conduct, such as severe harassment or intentional wrongdoing.
Types of Emotional Distress Claims in Texas
Emotional Distress as Part of Pain and Suffering
In many personal injury cases, emotional distress is included within pain and suffering damages. This covers the mental and emotional impact of the injury, including fear, anxiety, and the stress of recovery.
Intentional Infliction of Emotional Distress
This is a separate and narrowly applied claim. To succeed, the injured person must show that the defendant’s conduct was intentional or reckless and so extreme that it goes beyond all bounds of decency. These cases are uncommon and held to a high legal standard.
What Evidence Supports an Emotional Distress Claim?
Because emotional injuries are not visible on X-rays or MRIs, evidence is critical. Typical forms of proof include:
- Medical records showing diagnoses such as anxiety, depression, or PTSD
- Therapy or counseling records
- Testimony from mental health professionals
- Personal journals or statements describing symptoms and daily impact
- Testimony from family members, coworkers, or friends who observed changes in behavior
- Evidence linking emotional distress directly to the accident or incident
The stronger the connection between the event and the emotional harm, the more credible the claim.
How Are Emotional Distress Damages Calculated?
Unlike medical bills or lost wages, emotional distress damages do not have a fixed dollar value. Instead, they are evaluated based on factors such as:
- Severity and duration of symptoms
- Whether treatment or therapy is required
- Impact on daily life, relationships, and work
- Whether the emotional harm is temporary or permanent
- The overall seriousness of the underlying injury
Insurance companies often challenge these damages, which is why documentation and consistency are essential.
Can Emotional Distress Increase the Value of a Texas Injury Case?
Yes, emotional distress can significantly affect the value of a personal injury claim, particularly in cases involving severe trauma or permanent injury. When emotional harm is well-documented and clearly connected to the incident, it can account for a substantial portion of non-economic damages.
However, unsupported or exaggerated claims are more likely to be disputed. Careful case preparation matters.
Why Legal Guidance Matters for Emotional Distress Claims
Insurance adjusters frequently minimize emotional harm, focusing only on visible injuries or medical bills. Without proper advocacy, legitimate emotional distress may be undervalued or dismissed entirely.
At Rochelle McCullough, we help injured clients throughout Texas present emotional distress claims clearly and credibly. That includes working with medical professionals, gathering supporting evidence, and ensuring the full impact of an injury is reflected in any settlement or verdict.
If you’ve suffered emotional harm after an injury caused by someone else’s negligence, connect with us to explore your options.