Can I Sue for Emotional Distress After a Car Accident in Texas?
After a car accident, the physical injuries you suffer are often obvious, but the emotional toll can be just as serious. In Texas, victims of car accidents may be entitled to compensation for emotional distress, also referred to as mental anguish, if it can be properly documented and linked to the accident.
In Texas, you cannot sue for emotional distress alone. There is no legal recognition of a claim solely for negligent infliction of emotional distress or intentional infliction of emotional distress outside specific, extreme circumstances.
However, emotional distress can be included as part of your personal injury claim arising from a car accident, dog bite, or other accident caused by someone else. This is typically claimed as mental anguish, which can include:
Anxiety, depression, or PTSD caused by the accident
Sleep disturbances or nightmares
Loss of enjoyment of life
Fear or nervousness about driving again
How Emotional Distress Is Proven in a Car Accident Case
To recover compensation for mental anguish, you must document your emotional distress and its impact on your life. Courts and insurance companies generally require:
Medical records from a psychologist, psychiatrist, or licensed counselor
Clinical diagnoses, such as PTSD or acute stress disorder
Evidence showing how the accident affected your daily life, relationships, or ability to work
Simply stating that you feel stressed or upset is not enough to recover compensation.
Why an Experienced Attorney Is Important
An experienced car accident attorney can help you:
Document emotional distress effectively
Incorporate mental anguish into your overall personal injury claim
Negotiate with insurance companies to ensure your emotional suffering is considered in the settlement
Emotional distress can increase the value of your claim, especially when combined with physical injuries or significant life disruption caused by the accident.
