Addressing Mental and Emotional Damages in Court

Litigations concerning physical abuse, injury, and contact have always been given undivided attention. But what about the emotional and mental side of these issues? When you sustain an injury or get involved in an accident, the uneasiness and pain go beyond physical.

It makes you suffer emotional harm as a result of the injury you sustained. 

Under the laws in Texas, you can obtain monetary compensation for emotional distress. These funds are paid by the company or person who hurt you.  

The mental damage funds, TX can be obtained after the trial of a personal injury or through an out-of-court settlement. In any case, you’ll need an experienced personal injury lawyer to help you navigate through the cumbersome process of emotional distress compensation. 

Obtaining Compensation for Mental and Emotional Damages 

Emotional distress comes in various forms, including:

  • Depression
  • Anxiety
  • Insomnia
  • Post-traumatic stress disorder

To obtain compensation, you must prove emotional distress. The witness testimony and documentation can be used in the court of law. Your family and friends may testify to demonstrate the emotional impact caused by injuries. 

Keeping a journal of your emotional damage can be helpful. Supplement your testimony with any other proof that indicates the severity of the underlying injury. 

However, mental and emotional damage claims can be on a negligent or intentional infliction basis. A negligent infliction occurs when the responsible company or person may not intentionally cause the injury, but their actions cause the harm. 

An intentional infliction is where the responsible party purposefully causes harm.  

Catastrophic injuries can lead to life limitations. But obtaining funds can make a difference for you or your family. But who qualifies, and how can you obtain these funds? 

It’s difficult to put a number on emotional damage, but the harm will lead to a financial burden that can be summed up to a concrete figure. One of the ways is to show the value of the psychological treatment you undertook. 

Missing work due to emotional distress can be contextualized into monetary value. Lost wages you incurred when dealing with PTSD, anxiety, or depression can be calculated to figure the right amount of funds to be given. 

As with any legal battle, keeping records is the best practice when preparing for an emotional distress lawsuit. 


Winning a personal injury can be such a great relief, and when it comes to settlement negotiation, you need to be vigilant. Decide on your minimum settlement amount before speaking to the insurance adjuster. 

And it’s not a must you stick to the original figure since the adjuster can mention some facts you had forgotten. Ensure you don’t accept the first offer unless it’s a reasonable amount. Sharpen your bargaining power by emphasizing on your strongest points. 

You can use a photo of a crashed vehicle or an injury like burns. Ask the adjuster to justify the reasons for a low offer. This gives you a chance to know where to put an emphasis. 

Engage an Attorney

A personal injury lawsuit is demanding with tons of paperwork. And to ensure you don’t settle on mediocre-kind of compensation, hiring an attorney is imperative.