In the realm of personal injury law, physical injuries often take center stage. Broken bones, whiplash, or traumatic brain injuries are the typical focal points of legal battles and insurance claims.
However, what about injuries that aren’t visible to the naked eye?
What about the emotional toll that accidents and incidents can take on an individual’s mental well-being? In Texas, as in many other states, emotional distress can indeed be considered a personal injury under certain circumstances.
Let’s take a closer look at what constitutes emotional distress (as it relates to personal injury) in Texas, how it’s defined, and what legal options are available to those who suffer from it.
Understanding Emotional Distress
Before we discuss its legal implications, it’s crucial to understand what emotional distress entails.
Emotional distress refers to the psychological impact that an event or series of events can have on an individual. This can manifest in various forms, including:
- Anxiety
- Depression
- Fear
- Insomnia
- Post-traumatic stress disorder (PTSD)
Unlike physical injuries, emotional distress isn’t visible, making it more challenging to quantify and prove in a legal context.
Types of Emotional Distress Claims
In Texas, emotional distress claims typically fall into two categories: negligent infliction of emotional distress (NIED) and intentional infliction of emotional distress (IIED).
Negligent Infliction of Emotional Distress (NIED)
This type of claim arises when a person suffers emotional distress due to another party’s negligent actions. For example, if a reckless driver causes an accident that results in psychological trauma to the victims, they may be able to pursue compensation for emotional distress in addition to any physical injuries.
Intentional Infliction of Emotional Distress (IIED)
Unlike NIED, IIED claims involve deliberate actions or behavior intended to cause emotional harm.
This can include actions such as harassment, threats, or extreme and outrageous conduct that goes beyond what is considered acceptable in society.
Proving Emotional Distress
Proving emotional distress in Texas can be challenging, primarily due to its subjective nature. Unlike physical injuries, which can be documented with medical records and diagnostic tests, emotional distress relies heavily on the individual’s testimony and supporting evidence.
To successfully prove emotional distress in Texas, the plaintiff must demonstrate the following elements:
- Causation: The plaintiff must establish a direct link between the defendant’s actions and the emotional distress suffered.
- Severity: The emotional distress experienced must be significant and measurable. Transient feelings of sadness or anxiety may not be sufficient to support a claim.
- Impact: The emotional distress must have had a tangible impact on the plaintiff’s daily life, such as interfering with work, relationships, or overall well-being.
These types of legal complexities make clear the importance of partnering with an experienced, qualified personal injury lawyer like those at Barrera Law Group LLC.
Legal Remedies for Emotional Distress
Individuals who suffer emotional distress as a result of another party’s actions may be entitled to various forms of compensation. These can include:
- Medical Expenses: Compensation for therapy, counseling, or other mental health treatments related to emotional distress.
- Lost Wages: If the emotional distress has caused the plaintiff to miss work or experience a loss of earning capacity, they may be entitled to compensation for lost wages.
- Pain and Suffering: Damages awarded for the emotional pain and suffering endured as a result of the defendant’s actions.
- Punitive Damages: In cases involving intentional infliction of emotional distress, punitive damages may be awarded to punish the defendant and deter similar behavior in the future.
Statute of Limitations
It’s important to note that there is a statute of limitations for filing personal injury claims, including those involving emotional distress, in Texas. Generally, the statute of limitations for personal injury claims is two years from the date of the injury.
However, there may be exceptions to this rule depending on the circumstances of the case. A personal injury lawyer can explain these possible exceptions and any other extenuating circumstances that may apply to your personal situation.
Seeking Legal Guidance
If you believe you have a valid emotional distress claim in Texas, it’s essential to consult with an experienced personal injury attorney who can evaluate your case and advise you on the best course of action.
An attorney can help gather evidence, negotiate with insurance companies, and, if necessary, represent you in court to seek the compensation you deserve.
Emotional distress can be considered a personal injury in Texas under certain circumstances. Whether it’s the result of negligence or intentional misconduct, if you’ve suffered emotional harm due to another party’s actions there may be legal options available to you.
By understanding the elements required to prove emotional distress and seeking guidance from a qualified attorney, you can pursue the compensation and justice you rightfully deserve.