Yes, you can sue for emotional distress if someone’s actions caused you severe psychological harm, but Texas law has specific requirements. If the distress resulted from negligence, you must also have suffered a physical injury.
However, if the harm was intentionally inflicted through extreme or outrageous behavior, you may be able to sue even without physical injury.
Emotional distress can disrupt your health, career, and relationships, and without legal action, the long-term consequences can be severe. Taking action ensures your suffering is acknowledged and that you receive the compensation needed for treatment, stability, and justice.
If you’re struggling with emotional distress due to someone else’s actions, our team is here to help. Learn more about your legal options by speaking with our Abilene personal injury lawyer.
What is an Emotional Distress Lawsuit?
An emotional distress lawsuit seeks compensation for psychological suffering caused by another person’s actions. These claims fall into negligent infliction of emotional distress (NIED) and intentional infliction of emotional distress (IIED), depending on whether the harm resulted from carelessness or deliberate misconduct.
Negligent Infliction of Emotional Distress (NIED)
NIED occurs when a person’s careless behavior unintentionally causes someone else emotional harm. The key element here is negligence—a failure to exercise reasonable care.
Example: In the landmark case of Dillon v. Legg, a mother witnessed her child being fatally struck by a car due to a driver’s negligence. The emotional trauma she suffered led to a successful NIED claim, even though she was not in physical danger herself.
Intentional Infliction of Emotional Distress (IIED)
IIED involves deliberate actions that are extreme and outrageous, intended to cause emotional harm. The behavior must go beyond mere insults or annoyances; it should be atrocious and utterly intolerable.
Example: In White v. Monsanto Co., an employee sued her supervisor and employer for IIED. The supervisor’s conduct included repeated verbal abuse and harassment, which the employee claimed caused severe emotional distress. The court examined whether the conduct was sufficiently outrageous to support the claim.
Key Differences Between NIED and IIED
Intent
- Example: A daycare accidentally leaves a child outside in extreme heat, causing dehydration and hospitalization. The child’s parent suffers severe emotional distress after witnessing their condition, and because the child sustained a physical injury, the parent may have an NIED claim.
- Example: A landlord intentionally spreads false rumors that a tenant is a criminal, leading to eviction and severe public humiliation. The goal was to cause distress, making it an intentional act (IIED).
Nature of Conduct
- Example: A distracted driver runs a red light and crashes into a cyclist, causing visible injuries. A pedestrian witnessing the crash suffers severe emotional distress, but under Texas law, they cannot sue unless they were also physically harmed in the incident (NIED).
- Example: A boss repeatedly harasses an employee, forcing them to relive past trauma and causing a breakdown. This conduct is extreme and outrageous, going beyond ordinary workplace stress (IIED).
Proof Required
NIED claims often require showing that the emotional distress was a foreseeable result of the negligent act and that the plaintiff also suffered a physical injury. IIED claims must demonstrate that the defendant’s conduct was intentional or reckless and caused severe emotional distress.
- Example: A hospital misidentifies a newborn and gives the wrong baby to a mother for several hours before realizing the mistake. In her panic to alert nurses, the mother slips and falls, suffering a fractured wrist. Because she sustained a physical injury, she may have an NIED claim under Texas law.
- Example: A debt collector threatens a family with false claims that their loved one has died in an accident to coerce payment. The deception was intentional, and the resulting trauma was severe, meeting the proof standard for IIED.
Reach out to our team today if you’re suffering from emotional distress — you may be able to recover damages through a personal injury case.
Proving Emotional Distress in Court
Courts require substantial evidence to show that the distress is severe, directly caused by the defendant’s actions, and not due to unrelated factors. Without strong proof, the defense may argue that the distress is exaggerated, pre-existing, or legally insufficient.
Burden of Proof & Legal Standards
To succeed in an emotional distress claim, our legal team must meet strict court standards and present compelling evidence. Courts generally apply the following tests:
- Severity Standard – The distress must be extreme, significantly interfering with daily life. Mild anxiety or temporary sadness isn’t enough—plaintiffs must show severe psychological harm that requires medical intervention.
- Direct Causation Standard – The distress must be a direct result of the defendant’s conduct. If other major life events contributed, plaintiffs must prove the defendant’s actions significantly worsened their condition.
- Reasonableness Standard – Would a reasonable person in the same situation suffer similar distress? Courts assess whether the reaction is justified or exaggerated.
- Evidence Corroboration Standard – Courts prefer multiple forms of evidence rather than relying solely on the plaintiff’s testimony. A strong case combines medical records, expert opinions, and witness statements.
Texas law also distinguishes between negligent and intentional emotional distress claims. If emotional distress resulted from negligence, the plaintiff must have also suffered a physical injury to seek damages—standalone negligent infliction of emotional distress (NIED) claims are not allowed.
Key Evidence to Prove Emotional Distress
Since emotional suffering isn’t always visible, plaintiffs must build a case using concrete evidence that illustrates their distress.
Medical and therapy records play a key role in proving emotional distress. PTSD diagnoses, prescription history, and therapy notes provide objective proof of psychological trauma.
Counseling records reinforce the severity of emotional struggles by documenting ongoing symptoms and professional treatment. A therapist’s notes might describe recurring panic attacks, nightmares, and an inability to function due to severe anxiety.
Witness testimony from friends, family, and coworkers can also strengthen a claim. They can describe noticeable behavioral changes, such as withdrawal from social activities or shifts in personality.
Employers or professors may confirm a decline in work performance or academic struggles. A close friend might testify that the plaintiff, once outgoing, now refuses to leave the house due to overwhelming fear and anxiety.
Expert testimony from mental health professionals helps explain how trauma manifests in daily life. Psychiatrists and psychologists can link symptoms of anxiety or depression to a specific event.
Doctors may also testify about physical conditions caused by distress, such as high blood pressure or insomnia. A psychiatrist might state that prolonged stress led to severe weight loss and an inability to concentrate.
Personal journals and diaries provide firsthand insight into emotional suffering. Written records of daily struggles help demonstrate how distress affects the plaintiff over time.
Judges and juries often find these raw, real-time accounts persuasive. A journal entry might describe restless nights, vivid flashbacks, and feeling trapped in an unending cycle of anxiety.
Work and academic records can also serve as strong indicators of emotional distress. Missed work, declining grades, or medical leave for stress-related conditions may reflect an inability to function.
A once high-performing executive might now struggle with basic tasks. Frequent absences due to anxiety and depression can further support an emotional distress claim.
Text messages, emails, and social media posts can also serve as valuable evidence. Messages to close friends or family discussing mental anguish help validate the emotional toll of an event.
Online posts detailing struggles, seeking support, or referencing trauma serve as contemporaneous evidence. This helps rebut the defense’s argument that distress was fabricated after filing the lawsuit.
A plaintiff might have sent a text saying, “I can’t handle going outside anymore. My heart races whenever I hear loud noises.” Such messages provide real-time proof of suffering and its impact on daily life.
Physical symptoms linked to emotional distress further validate a case. Insomnia, chronic headaches, digestive issues, and high blood pressure can all be medically documented.
Weight loss or gain, trembling hands, and constant fatigue are additional physical signs of suffering. A plaintiff experiencing extreme anxiety may develop severe panic attacks, leading to frequent emergency room visits.
How to Sue for Emotional Distress
Suing for emotional distress can feel overwhelming, but you don’t have to go through it alone. Our team will guide you through every stage, ensuring you have the strongest possible case.
- Consult our attorney: Emotional distress cases require strong legal arguments and substantial evidence. We assess your case, explain your legal rights, and handle all filings to keep your claim on track.
- Assess whether you have a case: Emotional distress must be severe and directly caused by someone else’s actions. We help determine if your situation qualifies under negligent or intentional infliction of emotional distress.
- Document your distress: Keep a record of your emotional suffering, including personal journals, therapy notes, or messages to loved ones discussing your struggles. This helps strengthen your claim and counters defense arguments.
- Gather strong evidence: Courts require solid proof of your suffering. Medical records, witness statements, therapy notes, and even texts or social media posts can all support your claim.
- Calculate damages: Emotional distress cases often seek compensation for medical costs, lost income, and pain and suffering. We help determine what your claim is worth and ensure you seek the maximum compensation possible.
- File a lawsuit & navigate the process: Once your case is filed, both sides exchange evidence, and negotiations may begin. We handle legal filings, advocate for you during settlement talks, and prepare your case for trial if necessary.
- Decide between settlement or trial: Many cases settle out of court, offering a faster resolution. If trial is the better option, we fight for the maximum compensation possible.
Lean on us to establish emotional distress in a personal injury claim — it’s what our legal experts at Keith & Lorfing are here for.
Compensation for Emotional Distress
Below are the primary categories of compensation you could claim, along with typical settlement ranges and methods used in Texas to calculate compensation.
Economic Damages
Economic damages cover verifiable financial losses caused by emotional distress. This includes medical costs, income loss, and other out-of-pocket expenses directly related to the condition.
- Therapy, counseling, and psychiatric treatment sessions
- Medication costs, such as antidepressants or anti-anxiety prescriptions
- Transportation expenses for medical appointments
- Lost wages from missing work due to emotional distress
- Loss of future earning capacity if the condition impacts long-term employment
- Home care or in-home assistance if distress prevents normal functioning
In Texas, settlements for emotional distress claims that include economic damages have ranged from $250,000 to over $1,900,000, depending on factors like medical costs, duration of treatment, and impact on employment.
Non-Economic Damages
Non-economic damages compensate for intangible losses that affect a person’s well-being and quality of life. These damages do not have a set dollar value and must be determined based on the severity of emotional suffering.
- Pain and suffering from chronic anxiety, depression, or PTSD
- Emotional anguish, including shame, humiliation, or loss of self-esteem
- Loss of enjoyment of life, such as no longer participating in social activities or hobbies
- Relationship strain, including divorce or loss of companionship due to distress
- Sleep disturbances, such as chronic insomnia or recurring nightmares
- Fear and emotional trauma that prevent normal daily activities
Texas courts typically calculate these damages using either the multiplier method or the per diem method.
- Multiplier method: The total economic damages are multiplied by a number (usually between 1.5 and 5) based on the severity of distress. For example, if economic damages total $50,000 and a multiplier of 3 is applied, non-economic damages would amount to $150,000.
- Per diem method: A daily dollar amount is assigned to pain and suffering and multiplied by the number of days the plaintiff is affected. If a court values emotional distress at $200 per day for 180 days, the total would be $36,000.
In Texas, settlements that include non-economic damages typically range between $30,000 and $75,000, but severe cases involving long-term trauma can exceed these amounts.
Punitive Damages
Punitive damages are awarded when the defendant’s conduct is extreme, malicious, or intentionally harmful. These damages are meant to punish wrongdoing rather than compensate the victim for financial or emotional losses.
- Severe cases of harassment, intimidation, or threats that cause lasting trauma
- Intentional deception that leads to emotional distress (such as fraudulent medical diagnoses)
- Employer retaliation that causes psychological harm and career damage
- Extreme cases of bullying or public humiliation leading to suicidal thoughts or severe depression
- Cases where the defendant acted with reckless disregard for safety, such as extreme medical negligence
Texas law caps these damages at twice the amount of economic damages plus an amount equal to non-economic damages, with a maximum of $750,000. However, in cases of gross negligence or intentional harm, courts have awarded punitive damages exceeding $1,000,000.
Why Choose Our Emotional Distress Lawyers?
We offer contingency-based representation, meaning you don’t pay unless we win. Many clients hesitate to pursue legal action due to financial concerns, but our personal injury attorneys make sure cost is never a barrier to justice.
Insurance companies try to minimize emotional distress claims with low offers or by questioning your suffering. We push back aggressively, countering these tactics with ironclad evidence and expert-backed claims. Whether negotiating a settlement or taking your case to trial, we fight relentlessly to secure the compensation you deserve.
Every case is unique, our law firm takes a personalized approach, ensuring your claim reflects the full impact emotional distress has had on your life. From negotiating settlements to courtroom advocacy, we don’t let insurance companies take advantage of you.
The compensation you may receive for emotional distress depends on the severity of your suffering and the strength of your case—learn how our West Texas personal injury attorneys can help you pursue the damages you deserve via a free consultation.
Key Takeaways
- You can sue for different types of emotional distress, but Texas law has specific requirements.
- Negligence-based claims require a physical injury, while intentional distress claims do not.
- Strong evidence is critical—medical records, expert testimony, and witness statements strengthen your case.
- Insurance companies may try to minimize your claim, but we fight aggressively for fair compensation.
- You don’t pay unless we win—our contingency-based representation ensures no financial risk to you.
FAQs
How long does an emotional distress lawsuit take?
The timeline depends on factors like evidence, negotiations, and court proceedings. Some cases settle in a few months, while others take over a year.
Additional reading: how long does a personal injury settlement take
Can I change my lawyer during my emotional distress case?
Yes, if you’re unhappy with your legal representation, you can switch lawyers at any point in your case. A new attorney can step in and handle negotiations or trial preparation. Learn more about how to fire a personal injury lawyer and what to expect when making a change.
Can I sue for emotional distress after a car accident?
Yes, but only if you suffered a physical injury in the crash. Texas law does not allow standalone negligent infliction of emotional distress (NIED) claims, but emotional distress damages can be part of a broader personal injury case if you were physically harmed.
What’s the difference between emotional distress in Texas and pain and suffering?
Emotional distress refers specifically to psychological harm, such as anxiety, PTSD, or depression. Pain and suffering includes both emotional and physical suffering, such as chronic pain from an injury combined with mental anguish. Emotional distress is often a subcategory of pain and suffering in personal injury claims.
