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  • Writer's pictureRobert Schuerger

Can You Sue for Emotional Distress After Car Accident - Texas?

Personal injury lawsuits may include more than just physical injuries. When people think about a car crash, they might believe the only consequences of it are broken bones, concussions, and similar wounds.


Emotional distress and trauma can be just as hindering as physical injuries, and they might affect someone's life so much that they cannot work or go to school. In some of the most extreme cases, people will have to stop engaging in their regular activities to get the treatment they need.


Fortunately, in the state of Texas, people can file an emotional distress claim to get compensation for their pain and suffering. If they win the case, they'll be able to get a settlement for what they've been through. Even though it won't make it go away, it can be of big help.


To do that, they'll need to work with a reliable personal injury attorney, such as the ones available at Schuerger Shunnarah. Furthermore, this guide offers basic information victims should know too.


What Is Emotional Distress?

What Is Emotional Distress?


Emotional distress is the intentional or negligent infliction of mental suffering. In other words, it happens when someone else's reckless and careless actions cause the victim to experience psychological trauma.

Infliction of emotional distress can be very hindering for someone's life because it could change the way they perceive themselves and the world. Therefore, after the collision, the individual may be unable to reengage in their regular activities the way they used to.


Emotional distress in Texas law includes different aspects victims must keep in mind. Here are some of them:

  1. Intentional Infliction of Emotional Distress: It's one of the causes behind it, and it happens when the perpetrator intended to provoke mental anguish. It's commonly in cases of assault and abuse. When victims take it to court, they'll have to prove that the other person intentionally harmed them. Furthermore, having physical reactions after the incident can help, for example, suffering from tremors or panic attacks after a car crash.

  2. Negligent Infliction of Emotional Distress: It happens when the other party did not intend to cause harm, for instance, in some car accident cases. Since negligence is involved, the other party could be liable for the charges. As in the previous case, experiencing physical symptoms can help.

  3. Bystander Lawsuit: Relatives or other people who witnessed the car accident could file this claim. Even if the person wasn't inside a vehicle when the collision happened, they might still suffer severe emotional distress and file a lawsuit. As an example, if someone was standing on the curb waiting for their spouse when the other car hit them, it might be both shocking and traumatic, so they could take legal action.

The most common type of emotional distress claim victims file involves negligence. It's crucial to work with a skilled Houston car accident lawyer because they can evaluate all the aspects of the case and help identify essential information to file the claim.


Attorneys will help victims identify the facts that lead to their psychological trauma, and they'll also aid them in collecting the best evidence to get compensation for emotional distress damages. At the same time, they can also offer legal counsel and guidance if the person is filing a car accident claim.


The Consequences of Intense Emotional Distress


Unfortunately, many people underestimate the damages that emotional distress can cause. When victims don't seek treatment, they might suffer the consequences for months or even years.


Traumatic events can leave a print on someone's mind, and they might hinder their ability to think clearly, get a good night's sleep, and even feel good when doing things they like.


Therefore, victims should listen to their intuition - if they're feeling unwell, experiencing different symptoms, and being unable to perform the tasks they usually do, hiring a lawyer and proceeding with legal action might be the best alternative.


Emotional distress will manifest in different ways, and if someone suffers from the most severe cases, they'll quickly notice that it can be just as hindering as a physical injury.


What Are the Symptoms?


Victims who suffered intense emotional distress often report that they were unable to perform their regular activities, enjoy the things they used to, and even engage in normal social interactions. Some of the most common symptoms are the following:

  • Loss of interest

  • Disordered eating

  • Panic attacks

  • Depression and anxiety

  • Excessive sleeping

  • Unexplained pain and aches

  • Guilt

  • Depression and anxiety

  • Hopelessness

  • Post-traumatic stress disorder

  • Suicidal thoughts

In the most severe cases of emotional distress, victims might experience other symptoms, for example:

  • Sudden performance changes at school or work

  • Developing disruptive or odd behaviors

  • Aggression

  • Withdrawal symptoms

  • Consuming alcohol or drugs

When someone suffers from intense emotional distress, they'll probably need therapy and medication.


What Are Emotional Distress Claims?


An emotional distress claim consists of taking legal action against the perpetrator of the actions that caused the other person to experience mental anguish.


Whether the person is filing an intentional infliction of emotional distress claim or proving negligence, the process will be very similar to other legal procedures.


Skilled lawyers can help people who suffered severe emotional distress in Texas because they know the law and they'll make sure they've gathered all the necessary evidence when filing the claim.


If there was a negligent infliction of emotional distress, lawyers will most likely help victims identify physical evidence that proves they're suffering from intense psychological damage.


Unfortunately, not all victims win their personal injury claims, even when car accidents are traumatic and catastrophic.


However, with the help of a skilled personal injury lawyer, people have much better chances of proving negligence and getting the best outcomes possible.


How Much Compensation Can People Get?


As with a physical injury resulting from a car collision, there is no specific amount of money people can get for emotional distress in Texas.


The amount of compensation victims will get will vary on different factors. Firstly, the intensity of the emotional distress symptoms. If they're so hindering that the person can't stop thinking about the traumatic event and is unable to engage in their daily activities, they might receive a higher settlement.


Furthermore, the need for mental health treatment. Some types of distress are so intense that the emotional trauma symptoms do not allow the person to go back to their daily lives until they get professional help.

At the same time, having medical records and other types of physical evidence can also completely change the outcomes of an emotional distress lawsuit.


Lastly, relying on a skilled personal injury lawyer is crucial if the person wants to prove they suffered emotional distress and that they should get compensation for it.


When victims suffer physical injuries, proving negligence might be less challenging because they have evident proof of what they're going through.


However, emotional distress suing can get much more tricky, which is why lawyers work hard when they're handling a personal injury case.


Working with a Lawyer to Get the Best Results

Working with a Lawyer to Get the Best Results


Attorneys who work with cases of emotional distress in Texas know the law thoroughly. Nonetheless, that's not the only skill they have. They can understand victims' pain and suggest the best actions for them to take to get positive outcomes.


There is no way to predict what will happen in an emotional distress case. Nonetheless, victims will have a much better chance of getting compensation if they're working with a skilled personal injury attorney who can help them prove damages in court.


Lawyers who take emotional distress cases understand that they might be challenging due to the lack of physical evidence. However, they're willing to do what's necessary to ensure that victims will get the best outcomes.


If the case goes to court, the lawyer will passionately defend their client because they know the pain they're going through, even if there aren't physical injuries.


Victims who suffer emotional distress should not undermine how much it can affect their lives. Some people lose the will to live or feel hopeless about their future, especially if they had to watch a loved one die.


Instead of thinking about all the details of the legal procedure, victims should focus on their recovery. Lawyers will help them file an emotional distress claim and use their knowledge and expertise to defend them in court.


Schuerger Shunnarah: The Firm That Will Go to War for Clients


At Schuerger Shunnarah, people will find a team of lawyers who are ready to do what's necessary to defend their clients and make sure they get the best results possible. Schuerger Shunnarah can also answer questions like, "Who is at fault in a rear-end collision in Texas?"


Schuerger Shunnarah's attorneys know people are in intense anguish when they experience emotional distress symptoms. Therefore, they want clients to go through a smooth process, so they'll take care of every legal aspect of their case while victims can focus on resting and getting the treatment they need.


Attorneys at the firm understand that proving emotional distress might be challenging. However, their motto is "We will go to war for you," so they're willing to do what it takes to ensure the safety and well-being of their clients.

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