Suing for Emotional Distress in San Antonio, Texas
Accidents and instances of personal injury can result in much more than physical injuries and bodily harm. In many cases, victims can suffer mental and emotional. Suing for emotional distress can allow you to recover damages for the mental pain, anxiety, and anguish you have suffered as a result of your accident.
When seeking compensation for emotional distress, it is essential that you hire a San Antonio injury attorney that can demonstrate emotional damages occurred. Thomas J. Henry Law has helped numerous clients recover damages for emotional distress and can do the same for you.
Here are a few other things to consider when seeking to file an emotional distress lawsuit.
What Is Emotional Distress?
Emotional distress is a broad term that covers mental pain or suffering as an emotional response to an event or experience or the memory of the event or experience. It includes disorders like depression and anxiety as well as feelings of helplessness, stress, or fear. In the court system, emotional distress may also be referred to as mental anguish.
If you suffer emotional distress or mental anguish as a result of an event of negligence or intent to harm, you have the right to seek compensation for the person, party, or entity responsible for that event.
Clients need to remember that Texas courts view emotional pain as a suable injury just like a physical injury. This is because your emotional suffering is real. You should not try to ignore emotional distress any more than you would ignore a broken bone or serious physical illness.
Can You Sue for Emotional Distress?
Yes, personal injury victims can sue for emotional distress in San Antonio as well as in courts throughout Texas and the United States. As mentioned, Texas courts take emotional distress and mental anguish very seriously, and Texas law has specific avenues meant to make you whole.
In Texas personal injury lawsuits, there are two main types of emotional distress:
- Negligent infliction of emotional distress occurs when a defendant unintentionally causes mental suffering through an accident. Examples would be emotional or mental anguish following a car accident, truck accident, slip and fall, or workplace accident.
- Intentional emotional distress, on the other hand, occurs when the defendant acted deliberately to cause mental suffering to the victim. Examples include long-term bullying or verbal abuse at a workplace, sexual harassment, or threats of future harm.
An attorney can help you identify the type or types of emotional distress that applies to your personal injury lawsuit.
What are the Signs and Symptoms?
Because emotional distress covers such a wide variety of emotional and mental responses, symptoms can vary widely from victim to victim. Further, emotional distress may manifest as a temporary ailment, a chronic condition, or it may come and go based on specific events or triggers.
Examples of emotional distress include:
- Feeling overwhelmed
- Feelings of helplessness or hopelessness
- Difficulty thinking
- Trouble remembering
- Sleeping too much
- Sleeping too little
- Changes in appetite
- Loss of interest in activities or hobbies
- Unexplained physical pain
- Changes in mood
These symptoms may also have far-reaching consequences, affecting your relationships with those close to you as well as your performance at work. These consequences will be considered in your emotional distress lawsuit.
How to File an Emotional Distress Lawsuit
If you intend to file an emotional distress lawsuit, here are some steps you can take to maximize your potential compensation.
- Contact a personal injury attorney. Speak with an injury attorney as soon as possible. While Texas law is intended to help you recover damages for your distress, the system can be complex. A good attorney can help guide you through the process, answer any questions, and help you build your case.
- Document your emotional state. If you want to win your lawsuit, you will need to prove emotional damage occurred. Document your emotional state each day and work with your healthcare provider to ensure records accurately reflect your condition.
- File an emotional distress lawsuit. With your documentation in hand and your attorney by your side, it is time to file your lawsuit. Your lawyer will handle much of this process but will want to confirm important details of the event that cause your distress as well as the events that followed.
- Pre-trial prep. This will also be mostly in the hands of your attorney. Your attorney will negotiate with opposing counsel and your case may settle out of court, avoiding trial. If an offer is made, your attorney will consult with you to make sure the deal accurately reflects your damages.
- Go to trial. If the defendant refuses to offer a fair settlement, your case will go to trial. Your attorney will prepare you for court and advocate on your behalf before a judge or jury.
Work with an Experienced San Antonio Attorney
If you want to sue for emotional distress, call Thomas J. Henry Law. For nearly 30 years, our firm has committed itself to recovering maximum compensation for injured clients.
We pursue all damages, physical or otherwise because we know the pain is real. We also understand the immense impact emotional distress and mental anguish can have on a client, their family, and their livelihood.
If you suffered emotional damages due to an accident, event, or injury, don’t ignore it. Call Thomas J. Henry Law. Let us worry about your lawsuit so you can focus on getting better.