In some situations, Texas law allows people to seek compensation for emotional harm, often called mental anguish. Whether a claim is available depends on what happened and the type of legal claim involved.

Emotional distress is not usually a standalone lawsuit after an accident. More often, it is one category of damages pursued as part of a personal injury, wrongful death, or other valid legal claim.

At Ezequiel Reyna Law Office, we help clients throughout Weslaco, McAllen, and the surrounding area pursue full compensation after serious, life-changing accidents, including the emotional toll those accidents leave behind. Call (956) 968-9556 to talk with our team about your case.

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What Is Considered Emotional Distress in Texas?

Emotional distress generally refers to significant psychological harm, such as severe anxiety, depression, or trauma, resulting from another party’s conduct. Texas law can address emotional harm in different ways, depending on what happened and the legal claim involved.

Intentional Infliction of Emotional Distress

Intentional infliction of emotional distress may be a standalone claim in Texas, but it is reserved for truly extreme and outrageous conduct that goes far beyond ordinary negligence, rudeness, or everyday disputes.

Texas courts treat this as a narrow, gap-filler claim. In other words, it may not apply when another established legal claim already provides a remedy for the same conduct.

Negligent Emotional Harm After an Accident

Texas does not recognize a general standalone claim for negligent infliction of emotional distress. Instead, mental anguish damages may be available as part of another valid claim, such as a personal injury or wrongful death case.

Can You Recover Emotional Distress Damages After a Personal Injury?

Often, yes. After a serious accident caused by another person’s negligence, mental-anguish damages may be included in a broader personal injury claim. This can apply after a major car crash, commercial trucking collision, oilfield accident, explosion, or another catastrophic event.

Do You Need a Physical Injury to Seek Emotional Distress Damages in Texas?

Not always. In many serious accident cases, mental anguish damages are pursued alongside damages for physical injuries. But Texas law may allow recovery in certain limited circumstances even when the person seeking damages was not physically injured.

For example, a qualifying bystander claim may be available when a closely related person witnesses a serious or fatal injury to a family member or sees its immediate aftermath. Intentional infliction of emotional distress claims may also arise in limited cases involving extreme and outrageous conduct.

How Do You Prove Emotional Distress?

Proving emotional distress generally involves building a well-documented record connecting the traumatic event to the psychological harm it caused. This can include:

Medical records documenting any physical injuries connected to the underlying event.
Records from a therapist, psychologist, or psychiatrist you’ve seen for treatment.
Testimony from witnesses who’ve observed changes in your behavior or wellbeing.
A personal journal documenting your symptoms and how they’ve affected your daily life.
Evidence showing the severity of the incident, such as photographs, accident reports, and witness testimony.
Testimony from family members or close friends about the impact on your life.

This evidence can help show the nature, severity, and lasting effect of the emotional harm caused by the accident.

What Compensation Can You Recover for Emotional Distress?

Emotional distress damages generally fall under non-economic damages, alongside pain and suffering and loss of enjoyment of life. There’s no fixed dollar figure or formula for these damages. The amount depends on the facts of the case, including the severity and duration of the emotional harm, the nature of the event, the available evidence, and the overall effect on the person’s life. This is exactly why an accurate valuation requires a full review of your specific circumstances rather than a general estimate.

How Long Do You Have to File a Claim?

Many Texas personal injury, wrongful death, and intentional tort claims have a two-year filing deadline. However, the deadline can vary depending on the type of claim, when it accrued, whether a government entity is involved, and other facts unique to the situation.

Waiting can also make it harder to preserve evidence and investigate the accident. Speaking with an attorney promptly can help protect your options.

What Types of Cases Can Include Emotional Distress Compensation?

Mental anguish damages may be relevant in serious cases involving:

Commercial trucking crashes
Major car accidents
Oilfield accidents and explosions
Catastrophic injuries, including traumatic brain injuries, spinal cord injuries, and severe burns
Wrongful death claims

These are the kinds of life-altering events where the psychological toll often runs just as deep as the physical injuries themselves.

How Ezequiel Reyna Law Office Can Help

For more than 45 years, Attorney Ezequiel Reyna has represented Texans after serious, life-changing accidents. He has built his reputation by taking on difficult cases, preparing them thoroughly, and standing up to insurance companies and powerful defendants when the stakes are high.

Ezequiel Reyna Law Office represents Texans in serious injury and wrongful death cases involving truck accidents, oilfield incidents, explosions, and other catastrophic events. Our firm understands that a devastating injury can affect a person’s health, ability to work, financial security, relationships, and future.

Attorney Reyna has secured substantial results in serious cases, including a $7 million settlement for a husband and wife injured in a Texas trucking accident. The firm has also resolved catastrophic explosion and oilfield cases involving results of $50 million, $23 million, and $3.6 million.

Every case is different, and past results do not guarantee a similar outcome. But Attorney Reyna and his team prepare cases with the full impact of the injury in mind, including the physical, financial, and emotional losses a person and their family may face.

If you or someone you love has suffered a catastrophic injury, call (956) 968-9556 to discuss your case with Ezequiel Reyna Law Office.

Can You Sue for Emotional Distress in Texas?