# Suing for Negligent Infliction of Emotional Distress in Texas | Attorney Brian White **Table of Contents***[*Expand*]* 1. What is Emotional Distress? 2. Seeking Compensation for Emotional Distress After an Accident or Injury 3. What is Intentional Infliction of Emotional Distress? 4. Proving a Claim for Intentional Infliction of Emotional Distress 5. Contact a Houston Personal Injury Lawyer at Attorney Brian White Personal Injury Lawyers for Help ![Suing for Negligent Infliction of Emotional Distress in Texas](https://attorneybrianwhite.com/wp-content/uploads/2022/01/Suing-for-Negligent-Infliction-of-Emotional-Distress-in-Texas-300x200.jpeg) Being in an accident can cause a person to experience intense emotional distress, even if the person only sustains minor injuries or no injuries at all. [Texas](https://www.texas.gov/) personal injury laws permit accident victims to seek compensation for emotional distress. Accident victims may seek damages for negligent or intentional infliction of emotional distress. ## What is Emotional Distress? [Emotional distress](https://www.samhsa.gov/mental-health/disaster-preparedness/warning-signs/) is a [non-economic damage](https://attorneybrianwhite.com/faqs/what-are-non-economic-damages-in-texas/) (also referred to as “[pain and suffering](https://attorneybrianwhite.com/faqs/how-are-pain-and-suffering-damages-calculated/)” damages). It refers to the psychological suffering caused by an accident and injury. Emotional distress can be caused by a traumatic event, including a car accident, assault, nursing home abuse, slip and fall accident, and other personal injury situations.  Examples of emotional distress include: - Anxiety - [Post-Traumatic Stress Disorder](https://attorneybrianwhite.com/faqs/can-i-be-compensated-if-i-get-ptsd-after-a-car-accident/) (PTSD) - Insomnia - Depression - Having no energy or low energy - Eating disorders - Panic attacks - Sleeping too much - Guilt - Elevated blood pressure - Constant worry  - Substance abuse - Feelings of helplessness or hopelessness - Thoughts of hurting yourself or committing suicide The symptoms of emotional distress can range from mild to debilitating. Additionally, children can experience [emotional distress after an accident](https://attorneybrianwhite.com/blog/suing-for-emotional-distress-after-an-accident/) or traumatic event. As a result, children may lose interest in favorite activities, become withdrawn, and begin doing poorly in school. Individuals suffering from emotional distress after an accident or injury should seek [mental health treatment](https://www.nimh.nih.gov/health/find-help). Counseling, medication, and other treatment options can help relieve the symptoms and manage conditions.  Accident victims can also discuss recovering compensation for intentional infliction of emotional distress with a personal injury lawyer.  For a legal consultation call [(713) 500-5000](tel:+17135005000) ## Seeking Compensation for Emotional Distress After an Accident or Injury Texas recognizes two causes of action to recover compensation for emotional distress. The first is negligent infliction of emotional distress. This refers to a situation where someone caused you emotional distress because of their negligent acts. Negligent infliction of emotional distress is related to [personal injury cases](https://attorneybrianwhite.com/) based on negligence claims. For example, a [car accident case](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/), [slip and fall accident](https://attorneybrianwhite.com/houston-tx/slip-and-fall-accident-lawyer/), or [dog bite case](https://attorneybrianwhite.com/houston-tx/dog-bite-lawyer/) is based on [negligence](https://attorneybrianwhite.com/faqs/what-is-negligence/): - The at-fault party owed you a duty of care - The party breached the duty of care - The [breach of duty](https://attorneybrianwhite.com/faqs/what-is-a-breach-of-duty/) was the direct cause of your injuries - You sustained damages because of the injury The at-fault party did not intend to cause you emotional distress. However, because of the at-fault party’s negligence, you experienced emotional distress. Accident and injury victims in Texas can recover compensation for emotional distress *ONLY IF*they sustain a physical injury because of the at-fault party’s negligent acts. In other words, if you do not sustain injuries, you cannot recover compensation for emotional distress. ## What is Intentional Infliction of Emotional Distress? Intentional infliction of emotional distress is a cause of action claiming that the at-fault party intended to cause you harm. You may sue for intentional infliction of emotional distress in some cases. However, you have the burden of proving that the claim involves deliberate conduct by the at-fault party. Typically, courts only allow damages for intentional infliction of emotional distress without physical injuries if you can prove: - The at-fault party’s conduct was reckless or intentional; - The person’s conduct was outrageous or extreme; - The intentional conduct caused the victim to experience emotional distress; and, - The emotional distress was severe. Furthermore, the intentional infliction of emotional distress claim is only used in specific situations. Courts have held it is only available when no other cause of action can provide recovery for the victim.  Examples of cases involving intentional infliction of emotional distress might include: - Sexual assault - [Nursing home abuse](https://attorneybrianwhite.com/houston-tx/nursing-home-abuse-lawyer/) - [Physical assault](https://attorneybrianwhite.com/houston-tx/assault-injury-lawyer/) - Cases involving [road rage](https://attorneybrianwhite.com/faqs/can-you-file-a-claim-against-someone-who-has-road-rage/) [Click to contact](/contact-us/) us today ## Proving a Claim for Intentional Infliction of Emotional Distress It is more challenging to prove you experienced emotional distress when you did not sustain injuries. Evidence that might be used to prove your claim could include: - Medical records showing that you are diagnosed with conditions associated with extreme emotional distress. Examples would be high blood pressure, ulcers, irritable bowel syndrome, chronic acid reflux, etc. - Mental health records diagnosing you with PTSD, chronic anxiety, severe depression, etc. - Medical bills and receipts for doctor’s visits, medications, counseling, and other forms of treatment - Journals documenting your daily struggles with emotional disorders You must document your symptoms and treatment to prove you are suffering from extreme emotional distress.  Most insurance companies include clauses in their insurance policies that exclude intentional infliction of emotional distress claims. Therefore, you might need to file a lawsuit against the person who caused your emotional distress. The best way to know if you have a claim for emotional distress is to meet with a personal injury attorney in [Harris County](https://www.harriscountytx.gov/) for a free consultation. You can weigh your options and decide how to proceed. Complete a [Case Evaluation Form](/contact-us/) Now ## Contact a Houston Personal Injury Lawyer at Attorney Brian White Personal Injury Lawyers for Help Our offices Houston — Greenway/Upper Kirby 3120 Southwest Freeway, Suite 350 Houston, TX 77098 Open 24 hours daily Call [(713) 364-1466](tel:+17133641466) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%203120%20Southwest%20Freeway%2C%20Suite%20350%2C%20Houston%2C%20TX%2077098) Houston — East Freeway 11811 East Freeway, Suite 630-06 Houston, TX 77029 Open 24 hours daily Call [(713) 609-1893](tel:+17136091893) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011811%20East%20Freeway%2C%20Suite%20630-06%2C%20Houston%2C%20TX%2077029) Houston — South Loop 2600 South Loop West, Suite 293 Houston, TX 77054 Open 24 hours daily Call [(713) 281-4904](tel:+17132814904) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%202600%20South%20Loop%20West%2C%20Suite%20293%2C%20Houston%2C%20TX%2077054) Houston — Katy Freeway 11511 Katy Fwy, Suite 515 Houston, TX 77079 Open 24 hours daily Call [(713) 909-7537](tel:+17139097537) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011511%20Katy%20Fwy%2C%20Suite%20515%2C%20Houston%2C%20TX%2077079) Houston — Clear Lake 1300 Bay Area Blvd, Suite B268 Houston, TX 77058 By appointment only Call [(936) 508-2854](tel:+19365082854) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201300%20Bay%20Area%20Blvd%2C%20Suite%20B268%2C%20Houston%2C%20TX%2077058) The Woodlands 1776 Woodstead Ct, Ste. 203 The Woodlands, TX 77380 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201776%20Woodstead%20Ct%2C%20Ste.%20203%2C%20The%20Woodlands%2C%20TX%2077380) Champion Forest (Cypress) 4606 FM 1960 Rd W, Ste. 444 Houston, TX 77069 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%204606%20FM%201960%20Rd%20W%2C%20Ste.%20444%2C%20Houston%2C%20TX%2077069) --- ### About the Author Brian White ![About the Author Brian White](https://attorneybrianwhite.com/wp-content/uploads/2024/12/brian-white-houston-personal-injury-lawyer-300x300.jpg) [Brian White](https://attorneybrianwhite.com/about/our-attorneys/brian-white/) earned his J.D. from South Texas College of Law in Houston and is licensed to practice in Texas. He is a [Board-Certified](https://attorneybrianwhite.com/resources/brian-white-is-board-certified-in-personal-injury-trial-law/) Personal Injury Trial Lawyer. Dedicated to giving back, he actively supports local charities and [community initiatives](https://attorneybrianwhite.com/about/community-involvement/). [Client testimonials](https://attorneybrianwhite.com/about/testimonials/) highlight Brian’s compassion, open communication, and dedication to achieving the best outcomes for those he represents. [Avvo](https://www.avvo.com/attorneys/77098-tx-brian-white-74113.html) / [Justia](https://lawyers.justia.com/lawyer/brian-elliott-white-201630) / [Linkedin](https://www.linkedin.com/in/attorney-brian-white-378410166) / [Facebook](https://www.facebook.com/login/?next=https%3A%2F%2Fwww.facebook.com%2FBrianWhiteLawFirm%2F/) / [Youtube](https://www.youtube.com/channel/UCDdkDcGkbY2GFTzpeTWypFQ?app=desktop/) / [Instagram](https://www.instagram.com/accounts/login/?next=https%3A%2F%2Fwww.instagram.com%2Fattorneybrianwhite%2F%3Fhl%3Den&is_from_rle/) / [Yelp](https://www.yelp.com/biz/brian-white-and-associates-houston) / Call or Text [(713) 500-5000](tel:+17135005000) or Complete a [Case Evaluation Form](/contact-us/) Personal Injury Blog Posts: [![Houston Texas Lawyer](https://attorneybrianwhite.com/wp-content/uploads/2020/03/lawyer-consultation-with-his-client-in-the-office-of-the-attorney.-1127072602_1258x838-300x200.jpeg)](https://attorneybrianwhite.com/blog/four-reasons-why-a-personal-injury-lawyer-will-not-take-your-case/) [Four Reasons Why a Personal Injury Lawyer Will Not Take Your Case](https://attorneybrianwhite.com/blog/four-reasons-why-a-personal-injury-lawyer-will-not-take-your-case/) One of the first steps to filing a claim is finding a lawyer to represent you. However, a personal injury attorney can [![The Role of a Litigation Lawyer in Handling Civil Lawsuits](https://attorneybrianwhite.com/wp-content/themes/brian-white/assets/app/img/default-thumb.webp)](https://attorneybrianwhite.com/blog/the-role-of-a-litigation-lawyer-in-handling-civil-lawsuits/) [The Role of a Litigation Lawyer in Handling Civil Lawsuits](https://attorneybrianwhite.com/blog/the-role-of-a-litigation-lawyer-in-handling-civil-lawsuits/) Litigation is a formal process in which two or more parties engage in legal action against each other in [![New Year's Eve Fireworks Safety Tips And Your Legal Rights At Kemah Boardwalk](https://attorneybrianwhite.com/wp-content/uploads/2024/12/New-Years-Eve-Fireworks-Safety-Tips-And-Your-Legal-Rights-At-Kemah-Boardwalk-1-300x200.jpg)](https://attorneybrianwhite.com/blog/new-years-eve-fireworks-safety-tips-and-your-legal-rights-at-kemah-boardwalk/) [New Year's Eve Fireworks Safety Tips and Your Legal Rights at Kemah Boardwalk](https://attorneybrianwhite.com/blog/new-years-eve-fireworks-safety-tips-and-your-legal-rights-at-kemah-boardwalk/) As Houston residents prepare for New Year’s at Kemah Boardwalk, ensuring your safety during the fireworks show is [![Common Types of Intentional Torts](https://attorneybrianwhite.com/wp-content/uploads/2024/01/Common-Types-of-Intentional-Torts-300x157.jpg)](https://attorneybrianwhite.com/blog/common-types-of-intentional-torts/) [Common Types of Intentional Torts](https://attorneybrianwhite.com/blog/common-types-of-intentional-torts/) A tort is a civil wrong. It works like this: if someone commits a tort against you through misconduct for which the --- Source: https://attorneybrianwhite.com/blog/suing-for-negligent-infliction-of-emotional-distress-in-texas/