"Is it possible to sue for emotional distress in Texas?" This question frequently bothers many, and rightfully so.
Pain from mental trauma surpasses mere hurt feelings. It culminates into significant distress that disrupts daily functioning or necessitates medical attention.
Delving into Emotional Distress under US Law
Legally, emotional distress refers to mental suffering or emotional agony triggered by another's actions. It qualifies as a kind of tort - a civil wrong resulting in damages potentially settled through monetary compensation.
To claim damages for emotional stress, three points must be proven. The defendant's acts must be intentional or reckless. Their actions must have caused you emotional distress. And that distress must be severe, leading to medical attention or complicating daily life activities.
Types of Damages in Personal Injury Lawsuits
In personal injury cases, "damages" means financial compensation for losses from another's misconduct. There are two types of damages: compensatory (covering financial losses and split into economic and non-economic) and punitive.
Crucial Details on Suing for Emotional Distress in Texas
Contrary to some beliefs, you cannot sue for emotional distress alone or NEID (negligent infliction of emotional distress) in Texas. However, you might recover damages for NEID as part of a personal injury claim if you've also withstood physical injury. This requires proof that the defendant's negligence prompted the significant emotional distress.
NEID claims are not acknowledged as an independent tort in Texas. So, you cannot sue for NEID without also accruing physical injury. Physical injury could stem from instances related to abuse, threats of violence, or negligence, such as injuries from faulty equipment.
Grasping the Role of Emotional Distress Lawyer
Legal advice is critical to navigate the complicated path of emotional distress lawsuits. An experienced lawyer assesses your claim. The assessment decides whether the perceived perpetrator can be held liable and how much compensation you might receive.
The lawyer discerns a winning figure by assessing the financial loss linked to your emotional distress. Records like injury pictures, medical reports, mental health expert evaluations, and a daily journal recording the effect of your distress on your life are all beneficial.
The Implication of Claim Timelines and Legal Help
If you plan to sue someone for emotional distress, a time restriction applies within two years from the alleged incident with a few exceptions. Therefore, a well-executed strategy is crucial, bearing the potential stress during the trial.
A skilled lawyer aids in organizing the strategy, deciding on a realistic compensation amount, collecting the necessary evidence, and leading the courtroom fight.
Urging for Legal Assistance Now
Texas law allows you to sue for emotional distress accompanied by a physical injury. However, the pathway is intricate and exhausting. This is where experienced legal counsel comes into play.
Navigating the complex legal pathway requires a well-balanced strategy. An experienced lawyer helps assess your claim and determines the proper route to success, easing the stress of litigation.
