A car accident can leave marks that never show up on an X-ray. Long after the bruises fade, many people find themselves anxious behind the wheel, replaying the crash at night, or feeling a wave of dread every time they approach the intersection where it happened. Texas law recognizes that this kind of harm is real, and in many cases, it can be part of what you recover in a personal injury claim.
At Byrd Davis Alden & Henrichson, LLP, we have represented injured Texans since 1959, and we have seen firsthand how the psychological toll of a car accident can be just as disruptive as a broken bone. Attorneys Kevin Henrichson, Robert Alden, Hunter Wallen, and Carson May work to help clients pursue compensation for the full scope of what a crash costs them, not just the medical bills.
What Counts as Emotional Distress After a Texas Car Accident?
Emotional distress refers to the psychological impact of a traumatic event, separate from any physical injury. After a crash, this can look like anxiety about driving, difficulty sleeping, flashbacks to the moment of impact, or a persistent sense of unease that was not there before. According to a 2024 Texas Department of Transportation crash report, 251,977 people were injured in motor vehicle crashes across the state that year, and the psychological effects of those injuries often go unaddressed.
These symptoms may develop gradually. Someone who felt fine in the days after a crash might notice, weeks later, that they avoid the highway or feel their heart race at a red light. This delayed onset does not make the distress any less real or any less connected to the accident.
Can You Sue for Emotional Distress in Texas?
Texas law allows accident victims to seek compensation for emotional distress, but it is generally tied to an underlying physical injury claim. This means that in most car accident cases, emotional distress is treated as a non-economic damage alongside your medical expenses and lost wages rather than as its own separate lawsuit. We can walk you through the difference between economic and non-economic damages as we build your case.
There are exceptions. If another party witnessed a close family member seriously injured or killed in a crash, Texas recognizes what is known as a bystander claim, which may allow that person to seek compensation for their own emotional trauma even without a physical injury of their own.
What Evidence Supports an Emotional Distress Claim?
Because emotional distress cannot be seen on a scan, documentation matters. The strongest claims are built on a combination of medical and personal records that show how the crash affected your daily life. We often help clients gather evidence such as the following.
- Medical records: Notes from a therapist, counselor, or physician documenting symptoms and treatment.
- Personal journal: A daily record of anxiety, sleep disruption, or other symptoms as they occur.
- Witness statements: Observations from family or coworkers about changes in behavior since the crash.
- Accident documentation: Photos or reports describing the severity of the crash itself.
Bringing these pieces together helps paint a fuller picture of what you have been through, which can make a meaningful difference in how your claim is evaluated.
How Is Emotional Distress Compensation Calculated?
There is no fixed formula for emotional distress damages. Insurance adjusters and courts may consider the severity of the crash, the length and intensity of your symptoms, and how much your daily life has changed as a result. Cases involving aggressive driving or particularly violent collisions may support a higher valuation, since the traumatic nature of the event is often central to the claim.
We also account for how emotional distress compounds physical recovery. Someone managing chronic pain alongside anxiety or depression may face a longer road back to their normal routine, and that combined impact is something we factor into the value of a claim. Learn more about how pain and suffering is calculated in Texas personal injury cases.
Trust Byrd Davis Alden & Henrichson, LLP to Handle Your Claim
As Austin’s oldest personal injury law firm, we have recovered over $100 million for our clients since 1959. Our attorneys have been recognized by Super Lawyers, Best Lawyers, and U.S. News Best Law Firms, and Kevin Henrichson is board certified as a personal injury trial attorney, a distinction that reflects a deep commitment to this area of practice. Robert Alden is also double board certified in civil trial law and personal injury trial law.
If a car accident has left you dealing with more than physical injuries, you do not have to sort through the emotional and legal weight of it alone. Our team can listen to what you have been through and help you understand your options for pursuing full compensation. Reach out through our contact form to schedule a consultation.
