Yes, suing for emotional distress in Texas is allowed. Emotional distress, also commonly referred to as mental anguish, is a legal term that refers to a non-physical and largely psychological injury. As a personal injury, emotional distress may be asserted with regards to proving an injury or damages in civil lawsuits.
It is important to note that individuals in Texas cannot sue for emotional distress alone. In other words, you may only recover damages for emotional distress as part of a personal injury claim if you have also suffered a physical injury. In other words, in emotional distress cases, you may only be able to sue for emotional damages if the traumatic incident resulted in physical harm.
Because emotional distress is a non-physical injury, it is often hard to put a money figure on the emotional distress damages. In most cases, expert witness testimony from a therapist or psychiatrist is generally required in order to prove your case of emotional distress. Expert testimony is needed in Texas for a court to evaluate the range of monetary damages that are associated with a plaintiff’s alleged injury.
What Is the Zone of Danger?
In Texas, the “zone of danger” rule is a rule that is relevant for claims of negligent infliction of emotional distress (“NIED”). According to the zone of danger rule, a plaintiff can seek damages for NIED if they were close enough to the defendant’s negligent act to be at immediate risk of physical harm.
In other words, the plaintiff must have been within a specific proximity to the incident, which put them at risk of physical injury and ultimately resulted in fear or emotional trauma. Once again, a plaintiff’s emotional distress must also be accompanied by physical symptoms.
When any of the above elements are lacking, the bystander will generally not be permitted to make a claim for and recover for emotional distress. For instance, if the bystander only heard about an incident without witnessing it or being within the zone of danger, they cannot legally recover for emotional distress.
In Texas, there was a landmark emotional distress case in 1993, Boyles v. Kerr, where the Texas Supreme Court held that there is no general duty in Texas not to negligently inflict emotional distress. They also held that a claimant may recover mental anguish damages only in connection with a defendant’s breach of some other legal duty.
What Types of Emotional Distress Claims Are Available?
There are two main types of emotional distress claims that are recognized under Texas law:
- Intentional Infliction of Emotional Distress: This form of emotional distress occurs when an individual’s outrageous, extreme, or reckless conduct intentionally or recklessly causes severe emotional distress
- In order for an individual to succeed in an intentional infliction of emotional distress claim, they must prove that the defendant’s actions were extreme and outrageous, intended to cause distress, and directly resulted in significant emotional suffering
- Negligent Infliction of Emotional Distress: This form of emotional distress occurs when someone’s negligent actions result in severe emotional distress to another person
- In order for an individual to succeed in a negligent infliction of emotional distress case, one must demonstrate that the defendant’s negligence directly led to your emotional suffering
Further, to succeed in a claim for emotional distress, the claimant must also be able to show that emotional distress has manifested. Emotional distress damages can manifest as:
- Feelings of humiliation or shame
- Nightmares
- A Post Traumatic Stress Disorder diagnosis
- Insomnia
- Depression
- Self-destructive thoughts
- An anxiety diagnosis
- Stress
- Another emotional response associated with a traumatic event
How Much Can I Sue for Emotional Distress?
Once again, claims for emotional distress will typically be made as part of personal injury claims in Texas. Then, within that claim for emotional distress, there will be a specific claim for general and specific damages associated with the emotional distress.
General damages is the term used for damages that compensate for the injury itself. The most commonly awarded general damages are for pain and suffering. For emotional distress claims, the damages will be mental anguish. Importantly, the amount of general damages varies according to the severity of the injuries and pain and suffering.
Specific damages, or special damages, are meant to compensate a person for measurable monetary loss resulting from the injury. Specific damages can cover past and future lost wages, therapy bills, and the cost of medicine.
As far as the total amount that is awarded in an emotional distress claim, that will depend on:
- The amount of medical or psychotherapy bills
- How the injuries have affected your ability to work
- How the injuries have impacted or affected your life
It is also important to note that in Texas, there is a cap on noneconomic damages, which includes damages related to mental or emotional anguish. The exact cap on damages will depend on the type of personal injury claim being made.
For medical malpractice claims, the cap on noneconomic damages is between $250,000 and $500,000. For employment discrimination cases, Title VII dictates that the maximum amount for emotional distress damages is $300,000. Importantly, other federal, state, and local laws may apply to your claim, which may not have a cap on damages.
When Can I Bring My Emotional Distress Claim?
It is important to note that In Texas, the statute of limitations for filing an intentional emotional distress claim is generally two years from the date of the incident that caused the distress to manifest. Negligent infliction of emotional distress will be dependent on the accompanying personal injury claim made with it.
As such, if you believe that you have suffered emotional distress, you should bring your personal injury claim in a timely manner so as not to forgo your opportunity to recover for your damages. A local attorney in Texas will be able to help you ensure that you meet all required deadlines for filing your claim.
How to Prove Emotional Distress in Court?
To prove emotional distress in court, the exact elements required will vary slightly depending on whether your claim is for intentional infliction of emotional distress or negligent infliction of emotional distress.
In order to prove intentional infliction of emotional distress, you must establish the following elements:
- Outrageous Conduct: The conduct of the defendant must be extreme and outrageous, exceeding all bounds of decency tolerated in a civilized society
- Intent or Reckless Disregard: The defendant must have intended to cause you emotional distress or acted with reckless disregard for the probability of causing such distress
- Severe Emotional Distress: You must demonstrate that you have suffered severe or extreme emotional distress as a result of the defendant’s conduct
- Causation: The conduct of the defendant must have been a substantial factor in causing you severe emotional distress
In order to prove negligent infliction of emotional distress, you must establish the following elements:
- Duty: That the defendant owed you a duty of care
- Breach of Duty: That the defendant breached the duty owed to you through negligent conduct
- Causation: The defendant’s negligence was a substantial factor in causing your emotional distress
- Severe Emotional Distress: That you suffered serious emotional distress as a result of the defendant’s negligence
For either claim, it is crucial that you provide evidence of your emotional distress by introducing evidence such as medical records, therapy notes, or testimony from a mental health expert. As such, it is recommended to consult a Texas lawyer to ensure you submit all evidence necessary to support your claim.
Do I Need a Lawyer to Sue for Emotional Distress?
If you are experiencing emotional distress caused by the negligent or intentional actions of another party, it is recommended to speak to a Texas personal injury lawyer. LegalMatch can assist you in locating and setting up an initial consultation with an experienced personal injury lawyer in your area.
An experienced personal injury lawyer will be able to inform you of your legal rights and best options under Texas’s specific personal injury laws. This includes all of the laws that cover a claim for damages related to emotional distress. Additionally, a lawyer will also be able to represent you in court, as needed.
