If you have experienced a traumatic incident, you understand the toll emotional distress can have on you. What you may not realize is that emotional distress may qualify as a personal injury, opening up the possibility of seeking compensation through legal action.
At The Callahan Law Firm, we understand the impact of mental anguish and emotional distress on individuals. If you’ve endured emotional distress and are seeking justice, our team of experienced personal injury lawyers is here to support you. We offer a cost-free consultation to discuss your situation and explore avenues to compensate you for the emotional distress you’ve faced. Your journey towards justice starts with a call to us.
Understanding Emotional Distress
The term “emotional distress” encompasses the psychological pain, suffering, and anguish endured by individuals in the aftermath of traumatic events or distressing circumstances. Unlike visible physical injuries, emotional distress primarily impacts mental and emotional well-being.
The types of emotional distress
There are a few ways in which emotional distress presents itself within an individual, such as:
Post-Traumatic Stress Disorder (PTSD)
PTSD is a distinct form of emotional distress that emerges following exposure to or witnessing a traumatic event, symptoms may appear as intrusive memories, nightmares, elevated anxiety levels, avoidance of event triggers, emotional detachment, and heightened arousal.
Generalized Anxiety
Characterized by excessive worry, restlessness, and perpetual unease, individuals experiencing this emotional distress may struggle with concentration, irritability, and sleep disruptions.
Depression
A feeling of persistent sadness, hopelessness, and a disinterest in things that they once enjoyed. Symptoms of depression may appear in an individual’s appetite, weight, sleep patterns, feelings of guilt or worthlessness, and contemplations of self-harm.
Understanding the various forms of emotional distress and recognizing the underlying triggers, such as traumatic events or major life changes, empowers individuals to seek the right support to effectively address and navigate emotional distress.
Types of Emotional Distress Cases
In most circumstances, Texas law requires that there be an underlying physical injury before you can recover for mental anguish or mental distress. These injuries encompass both physical and emotional harm, such as:
Wrongful Death Cases
Losing a loved one as a result of negligence can cause severe emotional distress. Wrongful death cases are emotionally challenging, making it difficult for individuals to return to their daily lives and work.
Personal Injury Lawsuits
Personal injury cases involve seeking compensation for physical, mental, or emotional harm caused by various incidents like workplace accidents, truck accidents, car accidents and defective products. Plaintiffs often pursue claims for both physical and mental suffering.
Emotional Distress After Traffic Accident
Individuals involved in car or truck accidents, especially those caused by negligent motorists, often experience physical and emotional injuries. Anxiety, sadness, and post-traumatic stress disorder can develop as a result of catastrophic events like these.
Compensation for Emotional Distress
If you are suffering from emotional distress along with a physical injury due to an act of negligence that caused you harm, you may be eligible for various types of compensation. These forms of compensation aim to alleviate the financial burdens associated with seeking treatment and coping with the aftermath of emotional distress. including:
- Medical expenses
- Lost wages
- Physical impairment
- Pain and suffering
The Legal Process of Filing a Claim for Emotional Distress
Pursuing a personal injury claim for emotional distress in Texas involves essential steps, including:
Consulting a Personal Injury Attorney
It’s important to connect with a seasoned personal injury lawyer in Houston experienced in emotional distress claims. They can provide valuable guidance, evaluate the strength of your case, and offer dedicated representation.
Investigating and Collecting Evidence
Your attorney will conduct a thorough investigation to gather evidence supporting your emotional distress claim. This may involve interviewing witnesses, securing medical records, obtaining expert opinions, and evaluating your claim in its entirety.
Negotiating and Settling
Your attorney engages in negotiations with the responsible party’s insurance company to pursue a fair settlement that compensates you for your emotional distress and other injuries. They advocate for your rights and work for a favorable resolution.
Potential Litigation
When a settlement cannot be reached, litigation may be necessary. Your attorney will handle your case pre-trial, through the discovery process, and when necessary present your case to a jury.
During the legal process, it is crucial to rely on a skilled personal injury lawyer. They understand the complexities of bodily injury claims including emotional distress claims, navigate the legal system, protect your rights, and advocate on your behalf to seek full compensation for the emotional distress you have endured.
Why Choose The Callahan Law Firm?
At The Callahan Law Firm, we understand the challenging journey individuals face when dealing with emotional distress cases. Here’s why choosing us can make a difference:
- We have over 25 years of experience in representing individuals in personal injury cases, seeking compensation for medical expenses, lost wages, pain and suffering, physical impairment, mental anguish and more.
- Your well-being is our top priority, and we strive to ensure you receive the compensation you are entitled to under the law.
- Our firm has a proven track record of success in securing favorable outcomes for our clients, showcasing our commitment to fighting for their rights.
- Client testimonials speak to our compassionate approach, skill as lawyers, and unwavering support during challenging times.
Our Approach
At The Callahan Law Firm, we offer more than just legal representation. Our approach blends quality legal representation with compassion, providing a supportive environment for people seeking justice.
No-Fee Case Evaluation
Our firm operates on a no-win, no-fee, contingency basis, which means that our clients pay nothing unless a financial recovery is made. This policy is in place to allow people who have suffered from accidents and injuries to obtain legal representation and access to the courthouse without the burden of upfront costs.
To schedule your no-fee consultation, simply reach out to our firm through our website or give us a call. Our team of experienced attorneys are ready to listen, understand, and do whatever it takes to help the people we represent.
Let Us Fight For Your Well-being
If you or a loved one is struggling with emotional distress after being involved in an accident, you are not alone. The Callahan Law firm stands ready to offer the support and guidance you need to get the justice you deserve.
With over 25 years of experience dedicated to helping people affected by personal injury and emotional distress, our law firm is well-equipped to handle the complexities of your case. We are familiar with the impact these type experiences can have on your life and are committed to securing full compensation under the law.
Contact The Callahan Law Firm today to schedule a no-cost consultation with one of our experienced personal injury lawyers and take the first step toward reclaiming your peace of mind.
FAQ
Can you sue for emotional distress in Texas?
Yes. Emotional distress which can be considered a component of mental anguish is an actionable claim in Texas. A person can recover mental anguish damages if physically injured. In addition, a person who was not physically injured can recover mental anguish damages in cases involving intentional or malicious conduct as well as in cases involving particularly disturbing events.
How much is emotional distress worth in Texas?
The value or compensation for emotional distress will vary based on the nature, duration and severity of the mental anguish. An experienced personal injury lawyer will be able to gather and then present evidence to an insurance company or a jury in order to support the claim.
What is the most you can sue for emotional distress?
The maximum amount that can be sued for emotional distress in Texas will depend on various factors, such as the nature, duration and severity of the mental anguish, and the specific circumstances of the case. We encourage you to contact a personal injury lawyer at The Callahan Law Firm for more detailed information suited to your unique case.
