Car accidents don’t just leave physical scars — they can cause deep and lasting emotional wounds. Fear, anxiety, depression, and post-traumatic stress are all common experiences after a serious crash. If you’ve been struggling emotionally after a collision caused by someone else’s negligence, you may be wondering: can you sue for emotional distress after a car accident in Texas? The answer is yes. Texas law recognizes emotional distress as a legitimate form of damage in personal injury cases.
At Grimes & Fertitta, our Houston car accident lawyers help victims recover fair compensation for both physical injuries and the emotional pain that follows. We understand how devastating these experiences can be — and we’re here to help you pursue justice and healing.
Call us today at 713-224-7644 or contact us online for a free consultation.
What Is Emotional Distress After a Car Accident?
Emotional distress refers to the psychological suffering you experience after a traumatic event, such as a car accident. It can significantly disrupt your daily life and overall well-being. Common examples include:
- Post-traumatic stress disorder (PTSD)
- Severe anxiety or panic attacks
- Depression or emotional withdrawal
- Sleep disturbances or nightmares
- Fear of driving or traveling in vehicles
- Physical symptoms such as nausea, headaches, or rapid heartbeat caused by emotional distress
These emotional injuries are just as real as physical ones and often last even after your body heals. Texas law allows victims to seek compensation for the psychological toll an accident takes on their lives.
Emotional Distress vs. Mental Anguish: What’s the Difference?
While the terms emotional distress and mental anguish are sometimes used interchangeably, Texas law distinguishes between them in personal injury cases.
- Emotional distress includes everyday psychological effects such as anxiety, fear, or stress after an accident.
- Mental anguish involves deeper, more severe trauma that causes long-term suffering — like debilitating depression, panic attacks, or major lifestyle changes.
To claim mental anguish damages, you must show that your suffering is more than temporary worry or inconvenience — it must have a lasting and substantial impact on your quality of life.
Proving Emotional Distress After a Car Accident
Insurance companies and courts require concrete evidence to validate emotional distress claims. Working with a Houston personal injury attorney can help you build a strong case using evidence such as:
- Medical and mental health records: Documentation from therapists, psychiatrists, or psychologists showing diagnoses such as PTSD or depression.
- Treatment notes and therapy records: Demonstrate the ongoing need for counseling or psychiatric care.
- Witness statements: Family, friends, and coworkers can testify about changes in your mood or behavior.
- Personal journals: Daily logs describing emotional struggles can help establish a timeline of symptoms.
- Prescription records: Evidence of medications prescribed for anxiety, depression, or insomnia.
- Employment records: Proof of missed work or lost income due to emotional suffering.
Expert testimony from mental health professionals can also strengthen your claim by explaining how the accident directly caused your emotional trauma and how it continues to affect your life.
Damages You Can Recover for Emotional Distress in Texas
Compensation for emotional distress after a car accident may include both economic and non-economic damages:
Economic Damages
- Costs for therapy, counseling, and psychiatric care
- Prescription medication expenses
- Lost wages due to missed work
- Reduced earning capacity
- Future medical and mental health treatment costs
Non-Economic Damages
- Pain and suffering caused by emotional trauma
- Loss of enjoyment of life
- Impact on relationships and social life
- Long-term psychological suffering
Each emotional distress case is unique. Settlement amounts depend on the severity, duration, and documentation of your symptoms. Victims who receive ongoing therapy for diagnosed PTSD, for example, may recover more compensation than those with temporary emotional distress.
Why You Need a Houston Car Accident Lawyer for Emotional Distress Claims
Proving emotional trauma in court can be challenging. Insurance adjusters often undervalue or dismiss emotional injuries, but an experienced attorney knows how to present compelling evidence and negotiate fair compensation.
At Grimes & Fertitta, our Houston car wreck attorneys have decades of experience helping accident victims recover damages for both physical and emotional suffering. We’ll handle the legal complexities so you can focus on healing.
Contact us today at 713-224-7644 or schedule your free consultation here to learn how we can help you sue for emotional distress after a car accident in Texas.
