In Texas, this condition alone isn’t grounds for a lawsuit. However, if you’re severely physically injured in an incident that wasn’t your fault—such as a motor vehicle accident or an industrial or construction accident—your emotional suffering becomes a legitimate part of your damages claim. The panic attacks keeping you awake at night, the anxiety preventing you from driving again, the strain on your relationships—these psychological impacts matter legally, but only when connected to physical injuries.
At Dortch Lindstrom Livingston Law Group, our experienced team of compassionate personal injury lawyers understands how debilitating trauma can be. We help clients in Dallas, Houston, Plano, Fort Worth, Bryan, and throughout Texas pursue fair compensation for both physical and emotional damages.
When Texas Law Allows Claims for Emotional Distress
The Texas Supreme Court established a ruling that the state doesn’t recognize an independent right to recover for negligently inflicted emotional distress. Instead, emotional suffering must be connected to other legal claims:
- Physical injury requirement. For financial recovery involving emotional distress, you must have suffered physical injuries in the accident. The Texas courts follow the "impact rule," which requires that emotional distress claims be accompanied by physical harm resulting from a defendant's negligent conduct.
- Part of a broader claim. Emotional distress damages must be pursued as an element of damages within a personal injury lawsuit, not as a separate cause of action. Texas Civil Practice and Remedies Code § 41.001 categorizes “mental or emotional pain or anguish” as a form of non-economic damages that can be awarded as part of injury compensation.
- Limited exceptions. Very narrow exceptions exist for bystanders who witnessed a close family member's serious injury or cases involving intentional infliction of emotional distress where the defendant's conduct was extreme and outrageous.
Types of Recognized Emotional Suffering
Catastrophic injury cases often include various aspects of pain and suffering as critical non-economic losses. The point is this: if the incident hadn’t happened, you wouldn’t be going through these issues. As a result, it’s vital that they're acknowledged and compensated for so you achieve optimum recovery. At Dortch Lindstrom Livingston Law Group, we consider all aspects of wellness when structuring your case, so your claim might include the following.
Post-Traumatic Stress Disorder
PTSD is a recognized medical condition involving flashbacks, nightmares, and severe anxiety triggered by reminders of the traumatic event. Many victims experience PTSD symptoms when faced with situations similar to their accident.
Anxiety and Depression
Serious injuries often trigger persistent worry, hopelessness, and social withdrawal, especially when accompanied by chronic pain, disability, relationship challenges, or financial stress from medical bills.
Loss of Enjoyment of Life
When injuries prevent participation in previously enjoyed activities, this diminished quality of life represents compensable emotional suffering.
How Our Texas Catastrophic Injury Lawyers Prove Emotional Distress to Support Your Recovery
Determining fair compensation for psychological harm presents unique challenges, and an insurance company will be hyper-focused in your claim evaluation. It’s our responsibility to prove key factors affecting your condition, prognosis, and eventual recovery. Here are just a few:
- Severity and duration. For example, temporary anxiety resolving within weeks is valued much lower than chronic PTSD expected to last years or permanently.
- Impact on functioning. Courts also expect facts regarding how your psychological suffering affects your ability to work, maintain relationships, and complete daily activities.
- Treatment requirements. Ongoing therapy, psychiatric medication, or inpatient treatment needs tie directly into your compensation demand as well.
As former insurance company defense attorneys, we know how both sides of the docket approach litigation, so we take great care investigating the incident and compiling substantial evidence. This approach includes:
- Detailed medical documentation. Records from psychiatrists, therapists, or counselors who diagnosed and treated your condition provide critical third-party verification of your suffering.
- Comprehensive witness testimony. Statements from family, friends, and coworkers who observed changes in your behavior and personality strengthen your claim by illustrating how emotional distress manifests in daily life.
- Mental health professionals. Relying on expert witnesses who specialize in trauma establishes the connection between your accident and emotional suffering, explaining to insurers or courts why your reactions are consistent with traumatic experiences.
Don’t let the defendant’s representatives downplay what you’ve been through. Our award-winning lawyers fully understand what an emotional time this is, and as our clients state, our goal is to make you feel seen and heard. We’ll be right by your side the entire time, fighting for the justice and compensation you deserve to move forward and heal with confidence.
