When someone causes you emotional harm through their actions, it can leave deep scars that affect your well-being and daily life. In Texas, the law recognizes that emotional distress can be just as damaging as physical injury in certain cases, allowing individuals to pursue compensation for their emotional suffering. However, pursuing an emotional distress claim in Texas is complex and requires meeting specific legal standards. If you are considering whether you can sue for emotional distress, here’s an overview of the law, what’s involved, and how a skilled personal injury lawyer at Loncar Lyon Jenkins can assist you.
What is Emotional Distress?
Emotional distress refers to the psychological impact caused by another party’s actions, leading to symptoms such as anxiety, depression, PTSD, or other emotional turmoil. It can be a result of either intentional actions or negligent conduct, depending on the circumstances. Texas law allows for compensation for emotional distress in certain situations, but only if specific legal criteria are met.
Can You Sue for Emotional Distress in Texas?
Yes, in Texas, it is possible to sue for emotional distress, but only under specific conditions. Emotional distress claims typically fall into two categories: Intentional Infliction of Emotional Distress (IIED) and Negligent Infliction of Emotional Distress (NIED). Understanding these two types of claims is crucial to knowing whether you can pursue legal action.
Intentional Infliction of Emotional Distress (IIED)
IIED occurs when someone intentionally or recklessly engages in conduct that is so extreme and outrageous that it causes you severe emotional distress. This type of claim holds the wrongdoer accountable for their intentional actions.
For IIED: Intentional or Reckless Behavior
To succeed in an IIED claim, you must prove that the defendant acted intentionally or recklessly. This means they either aimed to cause emotional harm or acted with a disregard for the likelihood that their actions would cause distress.
For IIED: Extreme and Outrageous Conduct
The defendant’s conduct must be considered extreme and outrageous—beyond the bounds of decency. Everyday insults or minor annoyances aren’t enough to qualify as IIED. Examples of extreme conduct could include stalking, bullying, or sexual harassment.
For IIED: Causation of Distress
You also need to demonstrate that the defendant’s actions directly caused your emotional distress. This typically requires supporting evidence, such as medical or psychological documentation, that shows the harm you suffered.
For IIED: Severe Emotional Distress
The emotional distress you experienced must be severe. Symptoms can include anxiety, depression, or PTSD, which can significantly impair your ability to function normally in daily life.
Negligent Infliction of Emotional Distress (NIED)
Unlike IIED, NIED occurs when the defendant’s negligence leads to emotional harm. In these cases, the defendant didn’t intend to cause distress but still failed to act reasonably, leading to an emotional injury.
For NIED: Existence of a Duty
For an NIED claim to be successful, you must show that the defendant owed you a duty of care. Examples include situations where a doctor-patient or employer-employee relationship exists.
For NIED: Breach of that Duty
Once a duty of care is established, you must prove that the defendant breached this duty. This could involve actions like privacy invasion or a failure to prevent harm.
For NIED: Causation Linking the Breach
You must also prove that the defendant’s breach of duty directly caused your emotional distress. This requires evidence that links the breach to the harm you suffered.
For NIED: Severe Emotional Distress
Just like IIED, emotional distress in an NIED claim must be severe. Symptoms may include insomnia, severe anxiety, or emotional instability that negatively affect your daily life.
Damages in an Emotional Distress Lawsuit
If your emotional distress claim is successful, you may be entitled to both economic and non-economic damages.
Economic Damages
These are damages that cover tangible financial losses, such as medical expenses, therapy costs, and any lost wages resulting from your emotional distress.
Non-Economic Damages
Non-economic damages compensate for intangible losses, such as pain and suffering and loss of enjoyment of life. These damages are often harder to quantify but are crucial to compensating for the full extent of the harm caused.
Challenges in Proving Emotional Distress
Proving emotional distress in Texas is not straightforward. Emotional harm is inherently subjective, and quantifying emotional pain can be difficult. You will need substantial proof to support your case, including:
- Medical records documenting your distress.
- Witness testimony to describe how the defendant’s actions impacted you.
- Expert opinions from mental health professionals.
Additionally, if you are partly at fault for the distress, Texas follows a comparative negligence rule, which could reduce the amount of compensation you receive.
How a Personal Injury Attorney at Loncar Lyon Jenkins Can Help Prove Emotional Distress
Proving emotional distress in a personal injury case can be a challenging and intricate process, requiring careful attention to detail and a deep understanding of the law. Emotional distress claims are often subjective and require strong evidence to demonstrate the extent of the psychological harm a person has suffered. This is where an experienced personal injury attorney from Loncar Lyon Jenkins can make a significant difference in your case.
Assessing the Validity of Your Claim
Before proceeding with an emotional distress lawsuit, your attorney will evaluate the validity of your claim by thoroughly reviewing the facts of your case. In Texas, emotional distress claims can be based on either Intentional Infliction of Emotional Distress (IIED) or Negligent Infliction of Emotional Distress (NIED). Your lawyer will:
- Determine the applicable legal theory (IIED or NIED) based on the circumstances of your case.
- Review the defendant’s conduct to establish whether it was intentional, reckless, or negligent.
- Evaluate any potential defenses the defendant might raise, such as claims of comparative negligence.
This thorough review ensures that your case is solid from the outset and that you’re pursuing the most appropriate legal strategy.
Gathering and Presenting Compelling Evidence
To prove emotional distress, your personal injury attorney must present clear, convincing evidence of both the defendant’s actions and the resulting harm. The team at Loncar Lyon Jenkins is skilled at gathering the evidence necessary to support your claim, including:
Medical Records. These are essential to demonstrate that your emotional distress has been diagnosed and treated by a healthcare provider. A lawyer will help you obtain comprehensive medical documentation, including psychological evaluations, therapy records, and any prescriptions or treatments related to the distress.
Expert Testimony. In many emotional distress cases, it’s important to have expert testimony from a mental health professional who can explain the psychological effects of the defendant’s actions. The attorney may arrange for a licensed psychologist or psychiatrist to testify about the severity of your emotional distress, linking it directly to the defendant’s conduct.
Witness Statements. If family members, friends, or colleagues have observed the impact the emotional distress has had on your life, their witness statements can be invaluable. An attorney will assist in gathering and presenting these testimonies to show how your emotional condition has affected your relationships, work, and day-to-day activities.
Physical Evidence. In cases where emotional distress stems from physical harm (such as an assault or harassment), physical evidence of the incident, such as photographs, videos, or police reports, can help strengthen your case.
Proving the Severity of Your Emotional Distress
To succeed in an emotional distress claim, you must show that the distress was severe and life-altering. This is often one of the most difficult parts of an emotional distress case, as emotional harm is inherently subjective. A Loncar Lyon Jenkins attorney will work with you to:
Document Symptoms. Your attorney will ensure that all symptoms of emotional distress are well-documented, including anxiety, depression, insomnia, nightmares, PTSD, or any other emotional symptoms. Keeping a journal or diary detailing your experiences can also help build a record of how the distress is affecting you.
Demonstrate Impact on Daily Life. To show how severe the emotional distress has been, your lawyer will help you illustrate how it has disrupted your daily life. This can include difficulty in maintaining relationships, problems at work, loss of enjoyment of life, or a decline in personal health.
Quantify Non-Economic Damages. Severe emotional distress can result in non-economic damages, such as pain and suffering and loss of enjoyment of life. An attorney will work to quantify these damages, even though they are harder to measure than economic losses like medical expenses or lost wages.
Overcoming the Subjectivity of Emotional Distress Claims
Emotional distress is highly subjective, and defendants will likely argue that the distress you’re claiming is exaggerated or fabricated. At Loncar Lyon Jenkins, we have experience dealing with the subjectivity of emotional distress claims, and our attorneys are skilled in overcoming these challenges by:
Using Established Legal Precedents. Your attorney will reference case law and legal precedents where similar emotional distress claims were successfully proven. This helps establish the credibility of your case and can sway a judge or jury in your favor.
Presenting Strong, Credible Evidence. The more objective evidence your attorney can gather, the stronger your case will be. This includes expert testimony, medical records, and witness statements that collectively build a coherent and persuasive narrative of your emotional suffering.
Navigating the Legal Process
The legal process for an emotional distress case can be lengthy and complicated, and it is crucial to follow all the proper procedures to maximize your chances of success.
At Loncar Lyon Jenkins, our legal team will:
File Your Lawsuit. If your case has merit, your attorney will prepare and file the personal injury lawsuit in the appropriate court, ensuring all necessary documents are submitted on time.
Manage Legal Deadlines. There are strict deadlines (called statutes of limitations) for filing emotional distress claims in Texas. A personal injury lawyer will ensure your case is filed within the appropriate time frame to avoid losing your right to sue.
Negotiate Settlements. In many emotional distress cases, the defendant may offer a settlement to avoid going to trial. The attorneys at Loncar Lyon Jenkins have extensive negotiation experience and will work to secure a fair settlement that fully compensates you for your emotional distress.
Represent You in Court. If the case goes to trial, our attorneys will represent you in court, presenting all the evidence and arguments necessary to persuade a judge or jury of your claim’s validity.
Handling Contributory Negligence Issues
Texas follows a comparative negligence rule, meaning that if you are found to be partially at fault for the emotional distress (e.g., if your behavior contributed to the situation), your damages could be reduced. A skilled personal injury attorney from Loncar Lyon Jenkins can help to:
Argue Against Negligence. If the defendant claims you are partially responsible for your emotional distress, your lawyer will work to minimize or refute any claims of contributory negligence.
Maximize Your Compensation. Even if you bear some responsibility, your lawyer will argue to ensure you still receive the maximum compensation possible based on the proportion of fault attributable to the defendant.
Let Us Fight for You – Schedule a Free Consultation Today!
If you’ve suffered emotional distress due to someone else’s actions, don’t hesitate to reach out to the experienced attorneys at Loncar Lyon Jenkins. We offer free consultations to discuss the specifics of your case and help you understand your legal options. Let us work with you to build a compelling case and pursue the compensation you deserve for the emotional harm you’ve endured.
