Handling the aftermath of a personal injury can be incredibly challenging. Not only does it affect your physical health and financial stability, but it can also take a significant toll on your emotional well-being.
In this article, we’ll discuss an essential aspect of personal injury law: seeking compensation for emotional distress. If your mental health hasn’t been the same ever since you got hurt, here’s what you need to know about holding the at-fault party accountable.
Understanding Emotional Distress
Emotional distress is the psychological impact an injury can have on an individual. It encompasses a range of emotions, from anxiety to fear to depression. In personal injury cases, it is important to recognize that emotional distress can be just as debilitating as physical injuries.
In Texas, pursuing a legal claim for emotional distress alone is not typically viable. The negligent infliction of emotional distress (NIED) cannot stand as a separate and independent claim. To seek compensation for emotional distress, it must be included alongside other non-economic damages within a broader personal injury claim.
Proving Emotional Distress
To successfully seek compensation for emotional distress in a personal injury case, you must provide evidence that supports your claim. This may include:
- Medical Records: Documented evidence from mental health professionals that confirms your emotional distress diagnosis and its connection to the injury.
- Witness Testimonies: Testimonies from individuals who observed the traumatic event or the impact of your emotional distress.
- Expert Testimony: The testimony of a qualified expert who can speak to the severity of your emotional distress and its connection to the injury.
Calculating Compensation for Emotional Distress
Assigning a monetary value to the extent of your emotional distress can be challenging, as it is not as straightforward as quantifying economic damages like medical expenses or lost wages. In Texas, the amount awarded for emotional distress varies depending on the specific circumstances of the case, the severity of the emotional distress, and the skill of your legal representation.
When it comes to determining a precise figure, there are two common methods employed: the per diem method and the multiplier method. The per diem method involves calculating compensation based on a daily rate for the duration of your emotional suffering. On the other hand, the multiplier method considers various factors, including the severity of your distress and its impact on your life, to determine a fair compensation amount.
Ultimately, the specific approach used will depend on the unique details of your case and the expertise of your legal team in navigating the complexities of Texas personal injury law.
Call 713-893-8808 for a Free Consultation with a Houston Personal Injury Lawyer
Seeking compensation for emotional distress after getting hurt through no fault of your own is inherently challenging, but you don't have to face it alone. At Chelsie King Garza, P.C., we have a deep understanding of Texas tort law and are here to advocate for your rights and emotional well-being.
Attorney Garza will work diligently to gather the necessary evidence, consult with experts, and build a strong case to seek the compensation you deserve. Her tenacious approach aims to ensure the liable party not only addresses the physical and financial aspects of your case but also makes right the emotional impact the injuries have had on your life. Call 713-893-8808 or submit her Contact Form to schedule a free initial consultation with a personal injury attorney in Houston.
