A close up of a gavel with the words, compensation for emotional damages.

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Emotional trauma is a common occurrence after an accident. Fear, anxiety, and guilt can follow you long after the physical wounds have healed. Most of the time, emotional trauma will require therapy which can be expensive and cause even more stress as the injured party tries to cover the costs. Fortunately, you can be compensated for emotional damages in many cases. Learn more below.

Accidents that often Lead to Emotional Trauma

Emotional distress is always awful. This type of trauma robs the joy and security that a person may have once felt when at home or in public. Examples of accidents that may cause emotional trauma include:

Emotional Trauma Lawsuit

Most of the time, you do not need to be diagnosed with an emotional disorder to seek compensation for mental anguish. You have to be able to prove that the accident resulted in emotional stress and that the accident was caused by the negligence of another. Types of emotional distress that you may be able to seek compensation for include:

  • Fear
  • Humiliation
  • Stress
  • Panic

Mental Anguish Lawsuits in the State of Texas

In the state of Texas, a plaintiff may be eligible to sue for mental anguish damages without any physical injuries. Awards are generally given when the case involves the following circumstances :

  • A bystander witnessed a traumatic event, such as the death of a loved one.
  • A person’s privacy was invaded during a crime, such as when a burglar breaks into someone’s home.
  • Defamation, or the destruction of a person’s reputation
  • A child abduction, which can result in extreme mental anguish for the child and the parents

How do the Courts Calculate Emotional Damages?

Before they can be awarded emotional damages, the plaintiff must be able to provide evidence that the accident resulted in them suffering from mental anguish. Most of the time, the courts will ask for the receipt of payments for therapy, medication, or wages lost due to emotional distress. If the plaintiff has not gone to therapy or does not have any medication for their emotional distress, they may also present a journal in which they’ve been keeping tabs on their mental state after the accident. The court may accept this as evidence and take it into account when calculating damages.

If you or a loved one has been suffering emotional trauma as the result of an accident, you may be eligible for compensation for medical expenses and damages. The personal injury attorneys at Hernandez Law Group will be able to help you claim the compensation you deserve by helping you gather the proper evidence to support your claim. The attorney Juan Hernandez has years of experience and is one of the 2% of Texas Board Certified personal injury attorneys in the state. Don’t waste another minute; contact Hernandez Law Group today.