Mark Anderson | August 11, 2026 | Personal Injury
Yes, you can seek compensation for emotional distress after a car accident in Texas when another party’s negligence caused the crash and your resulting injuries. Emotional distress is generally treated as a form of non-economic damages and may include anxiety, fear, depression, sleep problems, and other psychological effects connected to the accident.
The strength of an emotional distress claim depends on the circumstances of the collision and the evidence showing how the crash has affected your daily life.
How Do You Prove Emotional Distress After a Car Accident?
You prove emotional distress by presenting evidence connecting your psychological and emotional symptoms to the car accident. Detailed evidence is especially important because emotional injuries are not always visible in the same way as broken bones, burns, or lacerations.
Useful evidence may include:
- Records from psychologists, psychiatrists, or therapists
- Medical records documenting anxiety or other symptoms
- Prescription medication records
- Testimony from family members and friends
- A personal journal describing symptoms and limitations
- Evidence of missed work or disrupted activities
- Testimony about changes in sleep, relationships, or daily routines
Texas courts require evidence demonstrating the nature, duration, and severity of mental anguish. Keeping consistent records following an accident can therefore strengthen a claim for non-economic damages.
An experienced attorney can gather the evidence needed to prove that you are entitled to damages for emotional distress. Founding attorney Mark A. Anderson has over 30 years of experience and is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, giving injured clients experienced representation when pursuing compensation.
What Other Damages Can You Recover After a Texas Car Accident?
Texas car accident victims may seek both economic and non-economic damages caused by another party’s negligence. Emotional distress or mental anguish can be one part of a broader claim for compensation.
Depending on the injuries and losses involved, compensation may include:
- Past and future medical expenses
- Lost wages
- Reduced earning capacity
- Property damage
- Physical pain and suffering
- Mental anguish
- Physical impairment
- Disfigurement
It is important to ensure your final compensation award covers the full value of all your personal and financial losses. Anderson Injury Lawyers has recovered over $100,000,000 for injured clients, including Texans facing serious injuries and substantial losses.
Does Texas Comparative Fault Affect Emotional Distress Compensation?
Yes. Texas’s proportionate responsibility law can reduce or prevent a car accident victim’s recovery when the victim shares responsibility for the collision.
Under Texas Civil Practice and Remedies Code § 33.001, a claimant cannot recover damages when their percentage of responsibility is greater than 50%. If the claimant is 50% or less responsible, their damages are reduced according to their percentage of fault.
For example, a person awarded $100,000 in total damages but found 20% responsible would generally recover $80,000. This rule applies to the overall damages award, including supported non-economic damages.
How Long Do You Have to Sue After a Texas Car Accident?
You generally have two years from the date of a Texas car accident to file a personal injury lawsuit. Texas Civil Practice and Remedies Code § 16.003 establishes this two-year limitations period for most personal injury claims.
Exceptions can affect the deadline in certain circumstances. Waiting can also make it harder to locate witnesses, obtain records, and preserve other evidence needed to establish physical and emotional injuries.
Speaking with an attorney early gives your legal team more time to investigate the collision and document its consequences.
Frequently Asked Questions
Can I Sue for Anxiety After a Car Accident in Texas?
Yes. Anxiety caused by a Texas car accident may support compensation for mental anguish when there is sufficient evidence of its nature, severity, and duration.
Do I Need a Therapist to Prove Emotional Distress?
Not necessarily, but treatment records from a therapist or other mental health professional can provide valuable evidence connecting psychological symptoms to the accident.
How Much Is Emotional Distress Worth in Texas?
There is no standard dollar amount. The value depends on factors such as the severity and duration of the distress, supporting evidence, physical injuries, and the effect on the victim’s daily life.
Contact an Austin Car Accident Lawyer at Anderson Injury Lawyers for a Free Consultation
Emotional trauma after a car accident can affect your work, relationships, sleep, and everyday activities long after the collision itself. If another driver caused your injuries, you may have the right to pursue compensation for both your financial losses and the emotional consequences of the crash.
Contact an Austin car accident lawyer at Anderson Injury Lawyers today for a free consultation to discuss your accident, damages, and legal options. We proudly serve Tarrant County, Dallas County, Travis County, and throughout Texas.
Anderson Injury Lawyers – Fort Worth Office
1310 W El Paso St, Fort Worth, TX 76102
(817) 294-1900
Find us with our GeoCoordinates: 32.74621197527774, -97.33552733508391
Anderson Injury Lawyers – Fort Worth Office (Secondary)
6618 Fossil Bluff Dr # 108, Fort Worth, TX 76137
(817) 631-4113
Find us with our GeoCoordinates: 32.86241013538118, -97.30973893918065
Anderson Injury Lawyers – Dallas Office
408 W Eighth St Suite 202, Dallas, TX 75208
(214) 327-8000
Find us with our GeoCoordinates: 32.748815542196404, -96.82524302658787
Anderson Injury Lawyers – Austin Office
811 Nueces Street 6301, Austin TX, 78701
(512) 399-5000
Find us with our GeoCoordinates: 30.307794623518102, -97.73755898409242
About the Author
Mark A. Anderson is the founder of Anderson Injury Lawyers and a Board Certified Personal Injury Trial Lawyer—an honor held by only a small percentage of Texas attorneys. He earned his law degree from Baylor University School of Law and has spent more than 20 years helping injury victims across Dallas, Fort Worth and Austin. Mark handles cases involving car accidents, truck accidents, product liability, wrongful death, catastrophic injuries, and more. Click here to view some of the successful case results Mark has achieved for his clients.
Location: Dallas, Fort Worth, and Austin, Texas
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