June 13, 2025

Can You Sue for Emotional Distress in Texas?

Emotional trauma can be every bit as debilitating as a broken bone. When someone else’s conduct shatters your peace of mind, Texas law may let you demand compensation for that pain. Below, we explain when and how you can sue for emotional distress, why the process is different in Texas, and how the Houston emotional distress attorneys at Callender Bowlin guide clients toward closure and compensation.

Take the first step toward relief today. Call Houston emotional-distress attorneys Mark Callender and Josh Bowlin at (713) 955-9719 for a free, confidential consultation.

Who Can Help You with an Emotional Distress Claim in Houston?

At Callender Bowlin, Houston emotional-distress lawyer Mark Callender and personal-injury lawyer Josh Bowlin devote their practice to helping injured Texans rebuild their lives. Our Uptown office on San Felipe is minutes from the 610 Loop, and we make it easy to meet in person, by phone, or virtually.

When you call (713) 955-9719, we listen first, then build a tailored legal strategy that pursues every dollar you deserve for mental anguish, lost income, and future care.

Who Are Attorneys Mark Callender and Josh Bowlin?

• Mark Callender – Founding partner with extensive trial experience in catastrophic injury and complex trauma cases. Clients praise his steady guidance and fierce courtroom advocacy.
• Josh Bowlin – Veteran Houston litigator known for meticulous preparation and compassionate client care. Josh’s background in insurance defense helps us anticipate and dismantle insurer tactics.

Together, Callender and Bowlin have secured millions for Texans suffering both physical injuries and severe psychological harm.

What Is “Emotional Distress” and Can You Really Sue for It?

Emotional distress is legally defined as significant mental anguish, anxiety, depression, PTSD, insomnia, grief, humiliation, that a reasonable person would find intolerable. Texas courts treat this harm as non-economic “pain and suffering” damages, meaning money meant to offset intangible losses.

Yes, you can sue for emotional distress, but only when specific legal paths are met. In most personal-injury lawsuits we file, emotional distress damages ride alongside physical-injury claims. Texas also recognizes a stand-alone claim called Intentional Infliction of Emotional Distress (IIED) for extreme, outrageous, and deliberate misconduct.

Do You Need a Physical Injury to Claim Emotional Distress?

It depends on the theory of liability.

• Negligence-based cases – Texas does not allow a free-standing claim for negligent infliction of emotional distress. If a distracted driver merely frightened you, without impact or a qualifying bystander scenario, the claim likely fails.
• Intentional or outrageous conduct – Physical injury is not required when the defendant’s acts are extreme, reckless, or intentional. Severe harassment, threats, or public humiliation can create liability under IIED.
• Bystander rule – A close relative who witnesses a loved one’s serious injury or death may claim emotional anguish even without bodily harm.

What Are Common Causes of Emotional Distress Lawsuits?

• Severe Car or Truck Crashes – Houston saw over 67,000 motor vehicle wrecks in 2023. Survivors often battle PTSD, nightmares, and driving phobias long after their fractures heal.
• Workplace Explosions or Industrial Accidents – Refinery blasts or unsafe construction sites can leave workers with debilitating anxiety.
• Physical Assault or Abuse – Victims of assault, sexual misconduct, or stalking frequently pursue IIED claims for lasting trauma.
• Wrongful Death of a Loved One – Texas wrongful-death law lets family members recover mental-anguish damages for the profound grief that follows a preventable loss.
• Medical Errors and Traumatic Childbirth – Families may seek compensation when negligent care causes both physical harm and extraordinary emotional suffering.

Are There Uncommon Emotional Distress Claims You Should Know About?

1. Bystander Trauma – A parent who sees a child struck by a speeding car can sue for the terrifying emotional impact.
2. Mishandling of Remains – Funeral homes that lose or desecrate a loved one’s body may owe damages for the family’s anguish.
3. Defamation or Privacy Violations – Publicly releasing humiliating private facts can trigger emotional distress damages without any physical injury.
4. Life-Threatening “Near Miss” Incidents – Courts occasionally compensate victims who narrowly escape death in gas-leak explosions or structural collapses and suffer severe psychological fallout.
5. Intra-Family IIED – Extreme, intentional abuse by a relative, emotional or physical, can meet Texas’s high IIED standard despite the family relationship.

Why Are Emotional Distress Lawsuits Challenging to Win?

Courts and insurers scrutinize these claims because mental injuries are invisible and easily downplayed. To prevail, the distress must be severe, well-documented, and clearly linked to the defendant’s conduct. Texas further restricts recovery by:

• Requiring emotional distress damages to attach to another tort unless the conduct is outrageous.
• Capping non-economic damages in medical malpractice cases.
• Demanding expert testimony to validate the injury.

With so many hurdles, experienced counsel is critical.

How Do You Prove an Emotional Distress Claim?

• Mental-Health Records – Diagnoses of PTSD, depression, or anxiety from licensed professionals.
• Medical Documentation – Prescriptions, therapy bills, or physical manifestations such as ulcers or hypertension.
• Personal Journal – Day-to-day notes of insomnia, panic attacks, or social withdrawal.
• Witness Statements – Friends, family, or coworkers confirming personality changes or functional decline.
• Incident Evidence – Photos, videos, texts, or emails that show the crash, harassment, or other triggering acts.
• Expert Witnesses – Psychologists or psychiatrists who explain causation and severity to a jury.

Our Houston personal injury attorneys at Callender Bowlin assemble and present this evidence so jurors feel the full weight of our client’s suffering.

How Much Compensation Could You Get for Emotional Distress?

Texas juries weigh several factors:

• Severity & Duration – Long-term PTSD commands more than short-lived anxiety.
• Impact on Life – Job loss, relationship strain, or inability to perform daily tasks raise awards.
• Outrageousness of Conduct – Intentional cruelty can unlock punitive damages.
• Quality of Evidence – Thorough documentation persuades adjusters and jurors.

Dollar figures vary widely. Nationally, moderate distress cases often settle between $30,000 and $75,000, while severe, life-altering trauma can exceed $100,000. An extreme IIED verdict in Florida recently topped $1.1 million. Every case is fact-driven, but our attorneys fight for the maximum value Texas law allows.

How Long Do You Have to Sue for Emotional Distress in Texas?

The Texas statute of limitations is generally two years from the date of the incident. Minors usually have until two years after their 18th birthday, and continuing misconduct may extend the clock. Missing the deadline almost always destroys the claim, so acting quickly protects your rights.

How Do You File an Emotional Distress Lawsuit in Houston, TX?

1. Contact an Attorney – Our Houston emotional-distress lawyers offer a free consultation.
2. Investigation & Evidence Gathering – We secure reports, records, and expert evaluations.
3. File the Complaint – We draft and file in Harris County or federal court as appropriate.
4. Serve the Defendant – Legal notice starts the formal process.
5. Discovery – Both sides exchange information. Depositions and psychological exams may occur.
6. Negotiation – Many claims settle when insurers see our evidence and trial record.
7. Trial – If a fair settlement isn’t offered, Mark Callender and Josh Bowlin present your story to a jury and pursue full compensation.

Throughout, the emotional distress attorneys at Callender Bowlin handle legal burdens so you can focus on healing.

How Can Callender Bowlin Support You Through Emotional Distress?

Suffering in silence helps no one. Our Houston personal injury attorneys at Callender Bowlin combine compassionate counsel with relentless advocacy. We coordinate mental health resources, front all litigation costs, and charge no fee unless we win. Whether your trauma stems from a Katy Freeway crash, an industrial explosion, or deliberate cruelty, Attorney Callender and Attorney Bowlin stand ready to help.

Call (713) 955-9719 or reach out online for a free, confidential consultation. You focus on healing. We’ll handle the legal fight.