832-831-0833
If you’re facing injuries from a car accident, you may be feeling a range of emotions. Shock, pain, and fear are common in the aftermath of an accident. If the accident was someone else’s fault, you might also feel angry and frustrated. You may wonder if you can receive compensation for your emotional distress. In Texas, you can sue for negligent infliction of emotional distress. The driver who caused the accident is legally responsible for any emotional struggles you experience due to the accident. Let’s take a closer look at how this works in negotiations and in the courtroom.
What is Negligent Infliction of Emotional Distress?
Negligent infliction of emotional distress is a legal term for the emotional struggles you experience as a result of someone else’s negligence. Your emotional damage can include anything from anxiety and depression to post-traumatic stress disorder (PTSD). If you’re able to prove that your emotional distress is directly related to the accident, you may be able to receive compensation for your damages.
- Post-Traumatic Stress Disorder (PTSD)
- Anxiety or Panic Attacks
- Depression or Guilty feelings
- Overwhelming Frustration
- Substance Abuse
How Do I Prove Negligent Infliction of Emotional Distress?
In order to prove negligent infliction of emotional distress, you will need to show that:
- The other driver was negligent in causing the accident
- You suffered from severe emotional distress as a direct result of the accident
- The other driver should have known that their actions could cause emotional distress to others
For example, if the other driver was speeding and ran a red light, causing a serious accident, they would likely be considered legally negligent. If you suffered from PTSD as a result of the accident, you would need to prove that the other driver should have known their actions could cause such distress.
In Texas, you don’t necessarily have to face a debilitating injury to sue for emotional distress or mental anguish. It is understood in Texas that you can suffer from a traumatic event whether you physically have symptoms or not.
What Happens If I Prove My Case?
If you’re able to prove negligent infliction of emotional distress, you may be able to receive compensation for your damages. Your damages awarded could include:
- Medical bills related to your emotional distress
- Lost wages if your emotional distress has caused you to miss work
- Pain and suffering damages
- Punitive damages in cases of extreme negligence
If you’re considering suing for negligent infliction of emotional distress, it’s important to speak with a car accident lawyer. They can review your case and help you understand your legal options.
Negotiating with the Insurance Company
After an accident, most people will file a claim with the other driver’s insurance company. The insurance company will then investigate the accident and make a settlement offer based on their findings. If you’ve suffered from emotional distress as a result of the accident, you should include this in your settlement negotiations.
It’s important to keep in mind that the insurance company is not interested in giving you a fair settlement. They want to settle for as little as possible. This is why it’s so important to have an experienced car accident lawyer on your side. A lawyer can help you understand the value of your claim and negotiate with the insurance company to get a fair settlement. If you’re not able to reach a fair settlement with the insurance company, you may need to take them to court.
How Can a Personal Injury Attorney Help You Negotiate?
An experienced personal injury lawyer will know how to build a strong case and negotiate with the insurance company to get you the best possible settlement. They will also be familiar with the laws in Texas and know what type of evidence is needed to prove negligent infliction of emotional distress.
If you’ve been in a car accident, don’t try to negotiate with the insurance company on your own. Speak with a personal injury lawyer today to discuss your legal options.
Suing for Negligent Infliction of Emotional Distress
If you’re unable to reach a fair settlement with the insurance company, you may need to take them to court. When suing for negligent infliction of emotional distress, you will need to prove that the other driver was negligent in causing the accident and that their actions caused you severe emotional distress.
If you’re considering suing for negligent infliction of emotional distress, contact a personal injury attorney today to discuss your legal options.
What are the Benefits of Suing in Court?
The benefits of suing for negligent infliction of emotional distress could include:
- Receive compensation for your damages.
- Hold the negligent party responsible for their actions.
- Get a sense of closure and justice.
However, the risks of suing for negligent infliction of emotional distress in Texas include:
- It’s a long and complicated process.
- You may not win your case.
- You could end up owing the negligent party money if you lose your case.
If you’ve been injured in a car accident, the best way to ensure you receive the compensation you deserve is to hire a personal injury lawyer. An experienced attorney will know how to navigate the complexities of the legal system and fight for the best possible outcome in your case.
We Can Help
If you’ve been in a car accident and suffered from emotional distress, you may be entitled to compensation. At Jarrett Law, our experienced personal injury team can review your case and help you understand your legal options. We can also negotiate with the insurance company on your behalf and represent you in court if necessary. Schedule a consultation today to learn more about how we can help you.