Car accidents often leave more than physical wounds. Emotional distress can impact a survivor’s life just as severely. In Texas, the law allows the person who survived a car accident to seek compensation for emotional suffering under specific conditions. Understanding these circumstances is key to knowing your rights.
Emotional distress refers to mental anguish caused by a traumatic event. It can include anxiety, depression, fear, and sleep disturbances. In Texas, the law recognizes two main types of emotional distress claims and it is helpful for all drivers to understand them.
Negligent infliction of emotional distress
Most car accidents involve negligence rather than intentional harm. To claim negligent infliction of emotional distress, you must prove that the other party was negligent and that this negligence caused your emotional harm. Typically, state law requires that emotional distress accompanies a physical injury in these cases.
Intentional infliction of emotional distress
If someone intentionally causes emotional harm, you can file a claim for intentional infliction of emotional distress. This requires proving that the other party acted recklessly or intentionally and that their conduct was extreme and outrageous. Unlike negligence claims, this may not require a physical injury.
Physical injury requirement
Texas generally mandates a physical injury to support claims of emotional distress. The law assumes emotional harm is more credible when linked to a physical injury. If a car accident causes both physical and emotional harm, your case becomes stronger.
Exceptions to the physical injury rule
There are situations where you can claim emotional distress without a physical injury. For example, witnessing a close family member suffer severe injury or death in an accident may qualify. Additionally, cases involving extreme or outrageous conduct might not require a physical injury.
Emotional distress from a car accident can have lasting effects on your life. State law provides ways to seek compensation under certain conditions. Knowing when you have a valid claim for emotional distress is important for protecting your rights.
