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What Are Emotional Damages in Texas?

While most people think of physical wounds when it comes to personal injury claims, someone may also seek compensation for emotional distress that they endured due to the actions of another.

Can You Sue for Emotional Distress in Texas?

As an injured party, you can pursue financial compensation for damages resulting from the negligence of another person or entity. State law does not impose a general duty not to negligently inflict emotional distress.

In Texas, there are two types of emotional damages: negligent infliction of emotional distress and intentional infliction of emotional distress. Below, we break down these two categories and discuss how an injured individual may be able to seek compensation for emotional damages.

Negligent Infliction

These damages can be pursued when someone’s negligent actions caused an individual extreme emotional distress that affected their life greatly.

For example, someone injured in a car accident may have developed PTSD as a result of the accident, something that affects about 9% of accident victims. They may be unable to return to work because of the emotional trauma they suffered or have flashbacks when they enter a vehicle. In such a case, compensation for emotional distressmay be awarded.

Situations where one can pursue compensation for emotional damages include:

Intentional Infliction

In some instances, someone may be entitled to compensation for intentional infliction of harm which then led to emotional distress. This may include:

  • Physical abuse
  • Sexual abuse
  • Defamation
  • Stalking

Both types of emotional damages fall under the umbrella of non-economic damages in personal injury cases. These are damages that are unrelated to out-of-pocket expenses and are awarded in order to help make an individual “whole” again after an accident or traumatic experience.

How Can We Help You Heal?

Because emotional damages can be considered subjective, obtaining fair compensation for these damages can be difficult in court without the help of a seasoned personal injury attorney. Your attorney will be able to present the evidence of your case to a jury or judge to show just how your life was impacted so you receive what is fair.

You don’t have to go through this process alone. The attorneys at the Law Offices of Vic Feazell will fight to ensure your story is heard and that you receive maximum compensation for what you have endured.

Contact our firm at (254) 938-6885 to set up your no-fee, no obligation consultation.