Can You Sue for Emotional Distress After a Car Accident?

A car accident doesn't end when the vehicles stop moving. For many survivors, the real damage is invisible — nightmares, panic attacks, the inability to get behind the wheel without your heart racing. 

Insurance companies love to pretend that if it doesn't show up on an X-ray, it isn't real. But emotional distress after a car accident is a recognized, compensable injury under Texas law — and you have the right to fight for every dollar it has cost you.

At Thiessen Law Firm, we know that trauma doesn't come with a receipt. But if your quality of life has been negatively impacted, it does have serious value — and we know exactly how to prove it. You may have grounds to sue for emotional distress if your accident caused you to suffer from:

• Diagnosable psychological injury (PTSD, anxiety, depression)
• Emotional distress tied to physical injuries
• Death or catastrophic injury of a loved one
• Reckless or egregious conduct by the at-fault driver
• Emotional trauma affecting work and daily life

Insurance companies will fight hard to dismiss what you've been through. That's exactly why you need a Houston car accident lawyer with the experience and the fire to fight back harder. Mark Thiessen and Mike "The Insider" Pita have built their careers — and their notable victories — taking on the giants who think psychological suffering is too soft to litigate. It isn't, and Thiessen Law Firm is here to take on the giants to prove it.

Call Thiessen Law Firm today at (713) 864-9000 for a free consultation.

What does emotional distress mean?

Emotional distress is the psychological suffering a person experiences as a result of a traumatic event, including shock, anxiety, depression, PTSD, and loss of enjoyment of life. Unlike a broken bone or a medical bill, emotional distress isn't something you can see on a scan, but under Texas law, it is every bit as real and every bit as compensable.

Intentional vs. negligent infliction of emotional distress: what's the difference?

When it comes to emotional distress claims in Texas, the legal theory your case is built on matters enormously — and the distinction between the two most common approaches can mean the difference between a winning claim and one that gets thrown out before it ever reaches a jury.

Intentional infliction of emotional distress (IIED)

Intentional infliction of emotional distress applies when someone deliberately — or with reckless disregard — engages in conduct so extreme and outrageous that it causes severe psychological suffering. In the context of car accidents, this most commonly arises in cases involving road rage, targeted harassment, or behavior so reckless it crosses the line from negligence into something far more deliberate.

To succeed on an IIED claim in Texas, you generally need to prove four things: 

1. That the defendant's conduct was intentional or reckless
2. That the conduct was extreme and outrageous by any reasonable standard
3. That the conduct directly caused your emotional distress
4. That your emotional distress was severe

This is a high bar — Texas courts don't apply the "extreme and outrageous" standard lightly — but when the facts support it, IIED claims can be among the most powerful tools in a personal injury attorney's arsenal.

Negligent infliction of emotional distress (NIED)

Negligent infliction of emotional distress is the more commonly pursued theory in car accident cases, and it applies when someone's careless — rather than intentional — conduct causes you serious psychological harm. Texas takes a narrower approach to NIED than many other states, which is exactly why having experienced attorneys in your corner is so critical.

Texas courts have generally required that NIED claims either be tied to physical injuries sustained in the accident or fall under the "bystander rule" — which allows certain family members who witnessed a loved one being seriously injured or killed to pursue emotional distress claims even without being physically injured themselves.

When can you sue for emotional distress after a car accident?

Suing for emotional distress after a car accident isn't as simple as telling an insurance adjuster that you've been struggling. Texas law sets specific thresholds that must be met before emotional distress becomes the basis of a legal claim — and insurance companies know exactly how to exploit any gaps in your case. 

An emotional distress lawsuit requires real evidence, strong documentation, and attorneys who understand how to present your psychological suffering in a way that demands compensation. Here's when you may have a valid claim:

Diagnosable psychological injury (PTSD, anxiety, depression)

Texas courts take emotional distress claims far more seriously when the suffering is backed by a formal diagnosis from a qualified mental health professional. If a licensed therapist, psychologist, or psychiatrist has diagnosed you with PTSD, generalized anxiety disorder, depression, or another condition directly tied to your accident, that diagnosis becomes a cornerstone of your claim — something concrete that insurance companies can't simply wave away as exaggeration.

The key word here is documentation. The more consistently you've sought treatment, the stronger your case becomes. Therapy records, prescription history, and professional evaluations all paint a picture of real, ongoing suffering that goes far beyond temporary stress — and that picture is exactly what Thiessen Law Firm uses to fight for full compensation on your behalf.

Emotional distress tied to physical injuries

One of the strongest foundations for an emotional distress claim is a direct connection to documented physical injuries. When your psychological suffering is clearly linked to the physical trauma you sustained — whether that's chronic pain, permanent disability, disfigurement, or a long and difficult recovery — courts and juries are far more likely to recognize it as legitimate and compensable under pain and suffering damages in Texas.

This connection matters because it gives your claim an anchor. A broken spine that leaves you unable to work, a disfiguring injury that changes how you see yourself, a traumatic brain injury that robs you of cognitive function — these physical realities give weight and credibility to the psychological toll they carry. At Thiessen Law Firm, we document both sides of your suffering to make sure nothing gets left on the table.

Death or catastrophic injury of a loved one

Witnessing the death or catastrophic injury of someone you love in a car accident can be every bit as psychologically devastating as being injured yourself — sometimes more so. Texas law recognizes this reality and allows certain family members to pursue emotional distress claims when a loved one is killed or left with life-altering injuries due to another party's negligence.

These cases are among the most emotionally charged and legally complex that a personal injury lawyer in Houston will ever handle. The grief, the trauma, the survivor's guilt — none of it shows up in a police report, but all of it is real, and all of it deserves to be compensated. Thiessen Law Firm approaches wrongful death and catastrophic injury cases with both the compassion these families deserve and the relentless aggression these cases demand.

Reckless or egregious conduct by the at-fault driver

When the driver who hurt you was doing something especially reckless — street racing, driving blackout drunk, running red lights at high speed, or texting while doing 80 on the highway — the emotional impact of that crash is different. Knowing that your suffering was caused by someone's deliberate disregard for your life has a way of deepening the psychological damage in ways that a straightforward accident simply doesn't.

Texas courts recognize this distinction. Egregious conduct by the at-fault driver can strengthen your emotional distress claim and may even open the door to punitive damages in certain cases. This applies across a wide range of accident types — from drunk driving crashes to Uber and Lyft accidents where driver negligence puts passengers at serious risk. The more reckless the behavior, the stronger the argument that your psychological suffering was a foreseeable and direct consequence of their actions.

Emotional trauma affecting work and daily life

Emotional distress in the psychological realm can be difficult to litigate. But when your psychological suffering has spilled into every corner of your life — preventing you from returning to work, straining your relationships, keeping you from activities you once loved, or making it impossible to get behind the wheel — the impact becomes measurable, documentable, and far harder for insurance companies to dismiss.

This is where journals, employer statements, testimony from family and friends, and expert psychological evaluations become invaluable. Every missed shift, every cancelled plan, every night of lost sleep adds up to a picture of a life genuinely disrupted by trauma. Thiessen Law Firm builds these cases methodically, making sure that by the time we're done, there's no question about how much your emotional suffering has truly cost you.

How to prove emotional distress after a car accident?

Emotional distress claims don't win themselves — and insurance companies are counting on you not knowing how to prove yours. Unlike a fractured wrist or a totaled vehicle, psychological suffering requires a different kind of evidence. The good news is that with the right legal team building your case, it's absolutely provable.

Here's what strong emotional distress claims are built on:

The truth is, building a winning emotional distress claim takes the same exhaustive preparation that Thiessen Law Firm brings to every case we take on. Insurance companies have entire teams dedicated to picking these claims apart — which means you need attorneys who are just as dedicated to putting them back together, stronger than ever.

Emotional distress after a car accident — FAQs

Can you sue for emotional distress without a physical injury in Texas?

Texas law generally requires emotional distress claims to be tied to a physical injury or a specific qualifying circumstance — making standalone psychological claims more challenging to pursue than in many other states. 

That said, standalone claims are not impossible, and even if you weren't physically injured, your suffering may still qualify depending on the severity of your trauma and the conduct of the at-fault driver.

How much do people usually sue for emotional distress?

There's no fixed dollar amount for emotional distress — and anyone who gives you a number before reviewing your case is guessing. What your claim is worth depends on the severity of your psychological suffering, how well it's documented, how significantly it has impacted your life, and how aggressively your attorneys fight for full compensation. 

What we can tell you is that emotional distress damages in Texas can be substantial — and that insurance companies will do everything in their power to make sure you never see their full value.

What is the statute of limitations for emotional distress claims in Texas?

In Texas, you generally have two years from the date of your accident to file an emotional distress claim — and if you miss that deadline, you lose your right to compensation permanently. Two years pass faster than you'd expect, and — because memories fade, evidence disappears, and immediate treatment is necessary — waiting too long can damage your case even before the clock runs out. If you think you have a claim, call Thiessen Law Firm now.

Your emotional suffering is real. Let Thiessen Law Firm prove it.

Insurance companies have spent decades convincing accident victims that emotional distress after a car accident is too subjective, too difficult to prove, and too easy to exaggerate. They use that narrative to underpay claims, delay settlements, and pressure vulnerable people into accepting far less than they deserve. At Thiessen Law Firm, we've made it our mission to dismantle that narrative — case by case, giant by giant.

We know what it takes to build an emotional distress claim that insurance companies can't ignore. From securing formal diagnoses and expert testimony to documenting every way your trauma has disrupted your life, we leave nothing on the table and nothing to chance. Don't take our word for it — our personal injury reviews speak for themselves. Real clients. Real suffering. Real victories against the giants who thought they could get away with paying pennies.

If you or someone you love is living with the psychological aftermath of a car accident, you don't have to face the insurance giants alone. Call Thiessen Law Firm at (713) 864-9000 or contact us online for a free consultation. 

The fight for what you're truly owed starts with one call — and we're ready to make it with you.

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