How Much Can I Sue for Emotional Distress in Texas?

Emotional Distress Settlements in Texas.

How much can you sue for emotional distress in Texas? The answer depends on the severity of your suffering, the strength of your evidence, and how effectively your legal team presents your case. While some victims recover a few thousand dollars, others have won six- and even seven-figure verdicts.

Texas law recognizes that emotional pain is just as real as physical injury. If someone’s misconduct has left you anxious, depressed, or traumatized, you may have a legitimate claim. But these lawsuits come with challenges – and knowing what courts look for is key to building a strong case.

This guide covers the types of emotional distress claims allowed in Texas, what compensation you might receive, and real case examples to help you understand what’s possible. If you’re suffering and wondering whether to take legal action, this is the place to start.

What Is Emotional Distress Under Texas Law?

Let’s start with the basics. In Texas, emotional distress claims fall into two main categories: intentional infliction of emotional distress (IIED) and negligent infliction of emotional distress (NIED).

IIED is when someone acts outrageously on purpose to cause you emotional pain. The bar is high here – it’s not enough that someone was rude or inconsiderate. Their behavior has to be truly extreme. A key Texas case, Twyman v. Twyman, set this standard and remains the benchmark. In that case, the court ruled that Texas recognizes IIED but emphasized that courts must apply strict scrutiny to such claims.

NIED is trickier. Texas generally does not recognize NIED as a standalone cause of action. Instead, emotional distress must be connected to another tort like personal injury, defamation, or invasion of privacy. The courts want to avoid frivolous or exaggerated claims, so they require a close connection between emotional harm and legally actionable behavior.

Can You Sue for Emotional Distress Without Physical Injury?

This is a common question – and the answer is a bit nuanced. Texas courts usually expect emotional distress to come with some kind of physical symptoms or be part of a larger case, like assault or defamation. The underlying idea is that physical evidence can help validate the severity of your mental suffering.

But there are exceptions. For example, if you witnessed a horrific accident involving a close family member, you might still have a claim even if you weren’t physically hurt. Texas courts have occasionally upheld claims involving mental anguish alone when the distress was severe, foreseeable, and backed by strong evidence.

In such situations, plaintiffs often need to provide medical documentation, expert psychological evaluations, and corroborating witness statements. The courts look for signs that the emotional harm was not only genuine but also debilitating.

Emotional Distress Compensation Statistics in Texas

Here’s a quick look at average and median jury awards in Texas emotional distress cases, based on publicly reported verdicts:

Metric	Amount
Average Jury Verdict	$826,892
Median Jury Verdict	$12,281
Average Emotional Distress Damages	$1.07 million
Median Emotional Distress Damages	$81,000

Source: Lawsuit Information Center

Success Rates and Reality Check

Before pursuing an emotional distress claim, it’s important to understand the odds. Based on court records and legal databases:

• Overall Success Rate: Approximately 35-40% of emotional distress claims result in favorable outcomes (settlement or trial victory)
• Settlement Rate: About 85% of successful cases settle out of court rather than going to trial
• Trial Success Rate: Only 15-20% of cases that go to trial result in plaintiff victories

Common Reasons Emotional Distress Cases Fail

• Insufficient evidence of severe emotional distress
• Conduct doesn’t meet the “outrageous” legal standard
• Lack of credible medical or psychological documentation
• Inconsistent testimony or social media evidence that contradicts claims
• Failure to establish clear causation between defendant’s actions and emotional harm

How Much Money Can You Sue For?

So how much is emotional distress “worth” in a Texas court? There’s no standard payout. Instead, juries consider several things:

• How intense and long-lasting your emotional distress is
• Whether you have medical or therapy records
• What experts and people in your life say about your condition
• How your everyday life, work, or relationships have been affected
• The nature and severity of the defendant’s conduct

If your case is strong, the compensation could be substantial. It might be a few thousand dollars – or it could be well into the six- or seven-figure range. It all depends on how compelling your evidence is and how convincingly your legal team presents your case.

Texas law allows for different types of damages in emotional distress cases:

• Economic damages: medical bills, therapy costs, lost wages
• Non-economic damages: pain and suffering, emotional trauma
• Punitive damages: in rare cases, if the defendant’s conduct was particularly egregious

Notable Emotional Distress Awards in Texas

Here are a few publicly reported Texas cases that illustrate the potential range of awards for emotional distress:

Case Description	Award Amount	Year
Workplace Harassment	$250,000	2025
Wrongful Death (Mental Anguish)	$1 million	2025
Invasion of Privacy (Revenge Porn)	$1.2 billion	2025
House Explosion Injury	Over $1 million	2025
Drunk Driving Accident (Dram Shop Act)	$831 million	2025

Sources: Express News, E! Online, Lawsuit Information Center

These outcomes show the wide range of awards – and how closely they’re tied to the specifics of each case. They also highlight the importance of documenting your experience thoroughly.

What Constitutes “Outrageous” Conduct in Texas?

Understanding what courts consider “outrageous” is key for IIED claims. Texas courts require conduct that is “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency.”

Examples that HAVE qualified as outrageous:

• Systematic workplace harassment including racial slurs and threats
• Deliberate infliction of severe psychological abuse over extended periods
• Extreme invasion of privacy with intent to humiliate
• Threats of violence combined with other intimidating behavior
• Exploitation of someone in a position of vulnerability or dependence

Examples that typically DON’T qualify:

• Single instances of name-calling or insults
• Workplace conflicts or difficult supervisors (without extreme elements)
• Breakup-related emotional pain or standard relationship conflicts
• Business disputes or contract disagreements
• Social media arguments or online criticism

The key is that courts look for conduct that would cause a reasonable person to exclaim “That’s outrageous!” – not just behavior that’s rude, unfair, or hurtful.

Factors That Influence Emotional Distress Awards

Texas courts look at several factors when determining how much compensation to award in emotional distress cases.

This table summarizes the most common ones:

Factor	Impact on Award
Severity of Emotional Distress	Higher severity can lead to larger awards
Duration of Distress	Longer-lasting effects typically increase value
Impact on Daily Life	Significant disruptions justify greater compensation
Type of Evidence Provided	Medical/therapy records and expert opinions help
Defendant’s Conduct	More egregious behavior can lead to punitive damages

These elements can significantly influence the outcome, which is why strong documentation and legal representation are so important.

What to Do Right Now: Immediate Action Steps

If you believe you have an emotional distress claim, taking the right steps immediately can make or break your case:

Document Everything

• Write down detailed accounts of incidents while they’re fresh in your memory
• Save all text messages, emails, voicemails, and social media posts related to the situation
• Take screenshots of any online harassment or threatening communications
• Keep a daily journal documenting your emotional state and how it affects your life
• Collect contact information for any witnesses

Seek Professional Help

• Schedule an appointment with your primary care physician to discuss your symptoms
• Consider seeing a mental health professional – therapy records are crucial evidence
• Be honest about your emotional state and how it’s impacting your daily life
• Ask healthcare providers to document specific symptoms and their severity

Preserve Evidence

• Don’t delete any communications, even if they’re painful to read
• Back up digital evidence to multiple locations
• Keep original documents and records
• Avoid discussing your case on social media – insurance companies monitor these platforms

Protect Yourself

• If you feel unsafe, document threats and contact law enforcement when appropriate
• Consider seeking a protective order if the situation involves ongoing harassment
• Inform trusted friends or family members about the situation for support and potential witness testimony

Critical Deadlines and Timeline Expectations

Statute of Limitations in Texas

• Personal injury claims (including emotional distress): 2 years from the date of injury
• Defamation claims: 1 year from publication
• Workplace harassment: 180-300 days for EEOC filing, depending on the situation

Typical Case Timeline

• Investigation and case preparation: 3-6 months
• Filing lawsuit and discovery phase: 6-18 months
• Settlement negotiations: Can occur at any time, most common 6-12 months after filing
• Trial preparation and trial: 18-24 months from filing if no settlement reached

Don’t wait to consult with Genthe Law Firm (214-957-0898). Evidence can disappear, witnesses’ memories fade, and critical deadlines can pass quickly.

Settlement vs. Trial: What Drives Outcomes?

Settlement Factors

• Insurance policy limits often cap settlement amounts
• Defendant’s financial situation and ability to pay
• Strength of evidence and likelihood of trial success
• Cost of continued litigation for both sides
• Emotional toll of prolonged legal proceedings

Trial Considerations

• Juries can be skeptical of emotional distress claims without physical injury
• Awards can be higher at trial but are less predictable
• Trials are public and can be emotionally difficult
• Appeals can extend the process for years

What Insurance Companies Consider

• Clear documentation of emotional distress through medical records
• Credibility of plaintiff and consistency of their story
• Potential for punitive damages based on defendant’s conduct
• Cost of defense vs. settlement amount

Self-Assessment Checklist: Do You Have a Viable Case?

Use this checklist to evaluate whether your situation might have legal merit:

Conduct Assessment

• [  ] The defendant’s behavior was extreme and outrageous (not just rude or unfair)
• [  ] The conduct was intentional or showed reckless disregard for your well-being
• [  ] You can clearly describe specific incidents with dates and details
• [  ] You have witnesses or documentation of the behavior

Emotional Distress Evidence

• [  ] You’ve experienced severe emotional symptoms (anxiety, depression, PTSD, etc.)
• [  ] The distress has significantly impacted your daily life, work, or relationships
• [  ] You have or can obtain medical/psychological documentation of your condition
• [  ] The emotional distress began after or worsened due to the defendant’s conduct

Practical Considerations

• [  ] The incident(s) occurred within the statute of limitations
• [  ] The defendant has insurance or assets to pay a judgment
• [  ] You’re prepared for the emotional toll of litigation
• [  ] The potential recovery justifies the time and cost of pursuing the case

If you checked most of these boxes, it’s worth consulting with an attorney. If you checked few of them, you may want to reconsider or explore alternative dispute resolution methods.

Questions to Ask Potential Attorneys

When consulting with lawyers about your emotional distress claim, ask these important questions:

Experience and Expertise

• How many emotional distress cases have you handled in Texas?
• What’s your success rate with these types of claims?
• Can you provide examples of similar cases you’ve won or settled?
• Do you regularly work with expert witnesses in psychology/psychiatry?

Case Assessment

• Based on what I’ve told you, do you think I have a viable claim?
• What are the main strengths and weaknesses of my case?
• What additional evidence would you need to build a strong case?
• What’s your honest assessment of potential recovery amounts?

Process and Costs

• How long do these cases typically take?
• What will this cost me upfront and throughout the process?
• How do you communicate with clients about case progress?
• What’s your approach to settlement vs. trial?

Red Flags

• Attorneys who guarantee specific outcomes
• Lawyers who seem more interested in a quick settlement than building your case
• Anyone who doesn’t ask detailed questions about your emotional distress
• Attorneys who don’t explain the challenges these cases face

How Emotional Distress Claims Work Within Other Lawsuits

Emotional distress damages are often part of larger legal claims rather than standalone lawsuits:

Personal Injury Cases

• Car accidents, slip and falls, medical malpractice
• Emotional distress adds to overall damage calculation
• Often easier to prove when connected to physical injury

Employment Law

• Workplace harassment, discrimination, wrongful termination
• Must often be filed through EEOC first
• Can include both economic and emotional distress damages

Family Law

• Divorce proceedings, child custody disputes
• Intentional infliction of emotional distress between spouses
• Can affect property division and support calculations

Defamation Cases

• Libel and slander claims
• Emotional distress from damage to reputation
• Must prove false statements caused specific harm

Alternative Dispute Resolution Options

Before pursuing litigation, consider these alternatives:

Mediation

• Neutral third party helps facilitate settlement discussions
• Less expensive and time-consuming than trial
• Both parties must agree to any resolution
• Confidential process that preserves relationships when possible

Arbitration

• More formal than mediation but less than trial
• Arbitrator makes binding decision
• Faster and less expensive than court proceedings
• Limited appeal options

Direct Negotiation

• Attorney-to-attorney settlement discussions
• Often occurs before filing lawsuit
• Can resolve cases quickly and cost-effectively
• Requires defendant’s willingness to participate

When to Consider Alternatives

• Ongoing relationship with defendant (workplace, family, etc.)
• Desire for privacy and confidentiality
• Limited financial resources for prolonged litigation
• Weak evidence that makes trial victory uncertain

Red Flags That Might Indicate Your Case Isn’t Viable

Be honest about these potential problems that could derail your claim:

Evidence Issues

• No documentation of the defendant’s conduct
• Witnesses who are biased or unreliable
• Social media posts that contradict your claimed emotional distress
• Failure to seek timely medical or psychological treatment

Credibility Problems

• History of similar claims against other parties
• Inconsistent stories about what happened
• Exaggerating symptoms or their impact on your life
• Criminal history or other character issues

Legal Obstacles

• Conduct that doesn’t meet Texas’s high standard for “outrageous”
• Statute of limitations has expired
• Defendant has no insurance or assets to pay a judgment
• Strong defenses like truth (in defamation cases) or privilege

Practical Concerns

• Potential recovery doesn’t justify litigation costs
• Your emotional fragility makes litigation too difficult
• Employment or other relationships could be damaged by pursuing the case

Moving Forward: Your Next Steps

If you’ve read this guide and believe you may have a viable emotional distress claim, here’s how to proceed:

1. Immediate Action: Start documenting everything and seek appropriate medical/psychological care
2. Consultation: Schedule consultations with 2-3 experienced personal injury attorneys
3. Evidence Gathering: Work with your chosen attorney to collect and organize all relevant evidence
4. Expert Evaluation: Undergo psychological evaluation if recommended by your attorney
5. Strategic Planning: Develop a litigation strategy that considers settlement and trial possibilities

Remember, every case is unique, and this guide provides general information rather than specific legal advice. The emotional and financial investment required for these cases is significant, so make sure you’re prepared for the journey ahead.

The most important thing to understand is that emotional distress claims in Texas are challenging but not impossible. With strong evidence, credible testimony, and experienced legal representation, many plaintiffs have obtained meaningful compensation for their suffering. The key is approaching these cases with realistic expectations and thorough preparation.

Speak to a Texas Attorney About Your Emotional Distress Case

You don’t have to keep suffering in silence. If someone’s actions caused you serious emotional harm, talk to a Texas personal injury attorney who can explain your rights and help you take the next steps.

The Genthe Law Firm, led by attorney Aaron Genthe, is here to support you. With extensive experience in emotional distress and personal injury cases, our team is committed to helping clients seek the justice and compensation they deserve.

Reach out today for a free consultation and find out if you have a case worth pursuing.