Emotional distress is difficult to quantify
Accident and injury victims often face immense emotional and mental pain on top of their physical suffering. Yet in Texas, proving mental anguish can be challenging in a negligence lawsuit.
Texas has established laws to define what ‘negligence’ is pertaining to personal injury claims. Under Texas law, you have the right as the injured party to pursue financial compensation for damages that are the result of negligence of another party or entity.
The Texas Supreme Court has stated that there is no general duty not to negligently inflict emotional distress under state law. However, that decision also states that the decision does not affect your right to recover ‘mental anguish damages.’
But in a case trial, getting the jury to award mental anguish money can be challenging. Additionally, insurance adjusters in Texas do not often offer much compensation for these types of damages; unless there is strong evidence that the individual suffered substantial mental anguish.
For example, it wouldn’t provide enough evidence to have a relative claiming that you suffered ‘severe mental anguish.’ There probably would have to be documented expert evidence to establish the mental anguish, such as the testimony of a physician or witnesses.
In most states, mental anguish is part of regular non-economic damages in personal injury cases. But in Texas, it is its own separate element of damages. Courts in Texas have demonstrated in past cases that the following could be considered ‘mental anguish:’
- Grief
- Severe disappointment
- Public humiliation
- Despair
- Shame
- Wounded pride
In addition to the complexity around emotional damages, Texas state law contains a number of unusual provisions that make recovering some forms of financial damages challenging in a personal injury case. Please refer to our other Enjuris articles about Texas state law to get up to speed, such as this one about 3 Types of Civil Liability and Examples in Texas Cases.
Did you suffer mental anguish after a car accident in Texas? Did you have difficulty obtaining financial compensation? Please share your story below.
Kandie says
Case Description
Hi, my name is Larrietta an I am interested in seeking compensation for mental distress due to humiliation over non payment of child support. in which my arrears are near $38,000-$40,000, yet I have received a measly $8 a few months ago then followed by a $10 payment. I found this to be very inhumane. My son is even more depressed and saddened, as a result he has loss his appetite loss weight and major loss of sleep.
Yet he owns and operates a semi or 18 wheeler making x amount of money.
This is disgusting and inhumane, to do someone this way.
Jennifer Kain Kilgore says
Hi Larrietta — I’m so sorry for what has been happening to you. Has a support order been set up by the court? If so, when the payments in arrears reach a large enough amount (which it certainly sounds like they have), your ex-husband can potentially be held in contempt of court for non-payment. This is handled within the family court system, however. Since he has a semitruck and an income, it sounds like he has at least some assets and should be making a good-faith payment or be set up on a payment plan. He can’t discharge that debt, even in bankruptcy.
Each state has a local agency dedicated to acquiring payments in arrears. That agency might garnish his wages, revoke his license, take his tax refund, or work with the court to get a court order. Contacts for those agencies can be found here: https://www.acf.hhs.gov/css/resource/state-and-tribal-child-support-agency-contacts
While the situation has been extremely distressing, these sorts of situations generally do not succeed with claims for intentional infliction of emotional distress or negligent infliction of emotional distress. Those would have to be handled within the civil court system, not the family court system (so unless your family court lawyer handles both types of law, you will need a separate attorney), and the level of mental and physical distress needed for those cases is a very high threshold that usually requires backup information in medical records because injuries must be established. The standard for IIED is generally “outrageous or reckless” and NIED follows a different standard, either that of foreseeability (“was the crime foreseeable?”) or the zone of danger (were you within the “zone of danger” and at risk of physical harm?). So while the situation IS very distressing in the definition of the word, the courts unfortunately have a narrow view of what can succeed on an IIED or NIED charge.
My suggestion would be to get a court order, if you don’t have one already. If you do, I would then contact your state agency devoted to child support collection. Their fees are supposed to be low or free, and they can work with you to get the payments back on track.
nina says
Hi I work for HCA in the OR. Me and a couple of coworkers are victims of bullying, mental stress, emotional distress, and embarrassment daily. We have went to and above our bosses, even contacting our ethics hotline. Nothing has been done, and the people who are bullying and harassing us are pretty much being protected by our boss. I would like to know if there is anything that can be done? I have a two year contract here and I cannot just leave if I want to. Everyday is a real struggle and we do not want to come to work because of these people.
Rhonda Hendley says
My ex got custody of our 12 yr old twin boys. Since he has completely cut me out of their life. I was very very invoved in their life 24/7. I have every form of proof. Anyway its a bad case of Parental. Alienation. But I have have been a totally emotional wreck. I have a hard time just taking care of my home me ect. This has effected my work something terribly. Not one day gose by i have melt downs. I feel like my sons gone. In reading over parental alienation I saw emotional distress. Wow I belong on the poster for it. In the begining I went to my doctor to get help. She placed me on medication but in December I lost my insurance. I can see into my own self the mental anguished effects I have. I am not used to being like this. As well as all of this I feel so ashame. I miss things I never have before. My ex was a sever control freak thats why I left him. I know that if he ever got custody of my sons this would happen. In 2010 I had to hire a Private Investigator to get my sons back. He hid them for 6 1/2 weeks and then prior to that sever times he hid them 1-4 days at a time.
He had his neice hide them for him and he never once was with them. He is doing that now. He wants them to think I dont love them . But this grif is taking me over.
Nancy Rapp says
Hello Rhonda. I’m sorry to hear you are suffering. Your first course of action is to have the court order your custody arrangements. You can either hire a family law attorney to do this, or you can contact your local Legal Aid about representing yourself. If you already have an official custody agreement, then you need to speak with a family law attorney to review your options.
Jose N. says
My mother recently passed away due to liver complications. During her stay at the hospital, the attending Critical Care Rn explicitly stated to several members of my family that we should “just pull the plug” on my dying mother because she was “wasting resources and staff time.” The RN consistently complained about having to change bedsheets, monitor the dialysis machine, and pretty much every task she had to do for my mother. She explicitly told me that caring for my mother was a waste of resources and that I should just let her die. This caused myself and especially my grandmother significant mental anguish. I am wondering what my best approach to filing a claim on this would be. Please let me know what I should do if anything.
Nancy Rapp says
Hello Jose. I’m sorry for your loss, and I’m sorry for those inappropriate things that were said to you. I encourage you to speak with a personal injury attorney. You may not be able to recover damages, but you can at least report the nurse and everyone else to their supervisors for some justice to be served.
Anna Sannoh says
My daughter passed in an 18-wheeler accident in Arizona 2/5/2018. Her vehicle was parked at her employer truck parking lot. Dealership was notified and the car was repossessed. Since then, I have been trying to obtain all items in that car. I have been given the run-around saying no information /items would be released until I became Executor of her estate. I just went to court ( great expense and time) and I am designated as such. Company was faxed all necessary documents, now I am told all items destroyed. Never was I given inventory information of items as required or notified of date of destruction. All my rights were violated by Drive Time and Bridgecrest.
Nancy Rapp says
Hello Anna. That is a very tragic story, and I am so sorry to hear about your trouble and loss. I encourage you to speak with a personal injury attorney. The items may or may not be lost, but if they are, than you can pursue some form of restitution.
Justin says
I’m really not quite sure what to do.
When we moved into our neighborhood one of the first things all our neighbors told me was that I needed to watch out for the guy in the house to my left. He had a long history of manipulating local government into harassing people with dogs. We have 3 dogs so this concerned me. Things were fine for a short time until he began targeting us.
He filed 15 complaints against us with the city about the smell of dog feces. We clean our yard daily. On the first 3 complaints the city came out and determined that there was no smell. So no citations were issued. However, after that I guess they got tired of coming out and just started issuing citations without investigating. Completely on this guys word.
In addition on multiple occasions we have caught him spraying our dogs over the fence with a hose in an attempt to get them to bark. Fortunately they do not bark much so this hasn’t worked well for him. However we have received one warning from the city on barking. But since they don’t bark much we haven’t gotten any more.
He has followed me in his truck multiple times while I’m riding my bike.
He has followed my wife to her work. He has taped letters demanding “unrestricted access to our property whenever he wants” on every window of her car. He called our place of work multiple times demanding unrestricted access to our yard. As a result the company attorneys had to send him a cease and desist letter and ban him from the premesis and all contact.
He has threatened to tear down our fence on multiple occasions. Fortunately he has not followed through.
We have statements from 2 former neighbors who moved out of the neighborhood as a result of his harrassment. We have multiple statements from current neighbors who’ve been the victim of his harrassment.
My concern is his threats and behaviors continue to escalate without provocation.
My wife is pregnant and has recently lost her father. His continued behavior has caused extreme mental anguish for us both since we no longer feel safe or comfortable in our own home. But this has been especially stressful for my wife.
My desire is to stop this harrassment of my family and my neighborhood once and for all. I fear the effects of his behavior on my wife during her pregnancy. However, since he uses the city as his primary tool to harrass us I’m not sure what we can do.
Lance Buchanan says
Thanks for sharing your story, Justin. That is concerning and we’re sorry to hear about the mental anguish you and your wife have experienced. Civil litigation against a neighbor can be tricky and your legal rights may vary depending on where you live. We recommend consulting with a local attorney to see what you can do. Feel free to use our directory to find one: https://www.enjuris.com/directory/. Best of luck!
Linda Newman says
My sister has constantly lie about me. Our aunt just died. My sister sent me some pictures of me and my family. Some pictures were cut out with just me. The aunt left her house, car and checking account to my sister. Is there anything possibly that can be done. This aunt took us both out of a bad home life when we were teenagers. I Loved this aunt and was grateful but I feel terrible. My aunts husband died first. He was a wonderful man. My sister was to take care of my aunt before she died. Sister lived a hour away and said someone needs to take care of her. I visit my aunt and taken care of her. Cleaning, changing bedding, potty and took her to the doctor. Why should she get compensated when my aunt lived in filth.
Lance Buchanan says
Thanks for sharing, Linda. Our condolences for the loss of your aunt. Unfortunately, if your sister was listed in your aunt’s will as the beneficiary, there may be little you can do in the way of compensation. We recommend talking to a family law attorney as soon as possible to explore your legal rights. Often the first consultation is free. Best wishes!
Kristin says
I know my predicament is an odd one, I’ve always suffered from anxiety from past tramas however, in a course of two years have become steadily worse and thought of suicide. Because of personal attacks that my mother in law has done. She is a college professor in epcc and she so wishes to hurt me thar she has spoken with my professors about me she admitted it many times, I’m studying art so what professor think is a huge part of my grade. To the point one of friends personally started attacking me in a critic of one of my assignments. I dont feel safe at school and im questioning leaving the state for another university because i cant handle the stress anymore. Ive been having emotional breakdowns every week…i cant handle this anymore. I need help…i dont know what else i can do.
Do i have a case or do i have to leave my city, school, and family for peace at mind?
-kristin
Ian Pisarcik says
Kristin,
You may have a cause for intentional infliction of emotional distress. But, these sorts of lawsuits are highly state specific – so it would depend on the laws of your state. A lawyer in your area will be able to give you a better idea as to whether you have a case (most initial consultations are free).
More importantly, I want to make sure you are taking care of yourself before you think about a lawsuit. If you’re having suicidal thoughts, please reach out to the National Suicide Prevention Lifeline: https://suicidepreventionlifeline.org/. You can call them 24 hours a day and even chat with them over the computer.
Julia Magana says
Iam71 yes old and I went to a dentist to have whatever.work that I needed the young doctor
as he was doing the exam.he kept telling me how bad my teeth were and that I must’ve not had money before to take care of my teeth as I got older he just kept telling me different things of that nature because of the mental stress and emotionall distress and embarrassmention he caused me I have not talked about this to no one but I’M in pain I need for my tooth to be pulled and taken care of .I have insurance.Do I have a case?
Ian Pisarcik says
Julia,
It sounds like the dentist behaved very unprofessionally. You may have a case for emotional distress, but those cases tend to be very difficult to prove. I would recommend arranging a free consultation with an attorney in your area. The attorney will be able to help you through the specifics of your case and let you know if he or she believes you have a case. You can locate an attorney in your area using our free online directory.
Takila says
Recently my daughter’s father has went to her school and told the counselor there about my private medical situation and I did not grant him permission to disclose my health …. I found out when the counselor approached me and mentioned it. From that I have suffered mental anguish…I’m embarrased, depressed, humiliation and mental issues. Can I sue him?
N. R. says
Hello,
A car exploded and caught fire severally damaging my car, rendering my car too damage to drive. I filed a claim with the other persons ins. company the same day. I called daily and left VM’s for someone to call back. Well someone called me back on business day 6 and 38 phone calls later to tell me they were not paying my claim. The case was closed before the arson report was released showing the other persons car was at fault. I now have to go through my insurance and I have been without my primary vehicle for 30 days. I’m planning on taking the other person to court to recoup my deductible and court costs. But what I really need to understand is does the added stress of calling her insurance daily for 6 days only to have someone finally return a call and tell me that they are no paying and closing the case. Do this fall under mental anguish and emotional distress?
Ian Pisarcik says
N.R.,
It’s always worth checking with an attorney in your area to get answers about your specific case. But generally, you won’t be able to recover emotional distress damages for having to make several phone calls (as frustrating as it is).
Roxxy says
Hi, my situation is i married a german citizen, lived with him only to find out he has a girlfriend or possible wife i knew nothing about. I was subjected to all kinds of lies, denials and having to endure and find that he was talking on a device with her at alk times in my house, bedroom every night. I had to get counseling and have me things any audio recordings of these things hapoening. Alot of humiliation, financial distress, abandonment etc. I live in Texas and feel i may have a posdible case and i am disabled and on disability. Wondering what recourse i may have.
Jocelyn says
Hello. During the last week there was a large petrochemical industrial fire sending smoke in the air for 3 days. Schools were cancelled and I was unable to report to work due to the fear of the site exploding or causing health issues, freeways being closed and being in a shelter in place. I experienced a few symptoms from the smoke which we later find out naphtha was the chemical burning (contains benzene/carcinogen). The thought alone of knowing benzene levels were higher than the acceptable range were detected in the air gave me the worst level of anxiety. Missing work caused me to use my sick time, cause my supervisor to give me a poor evaluation based on attendance for that week. Which results in no raise. I have a fear I’ll loose my employment due to missing two consecutive days due to the fire and getting a poor review. The county and the state have filed lawsuits against the company however thousands were exposed to benzene at various levels sending anxiety and fear to all. After all benzene is a known carcinogen. Is there anything the people from this town can do in regards th this?
Sue Lowery says
My husband and I were in an accident on 3-3-19 in Texas. We are recently retired and were on our way to Florida to help my Mom celebrate her 100th birthday. We were hit by an 18 year old kid who crossed the centerline and hit our older car (in excellent condition) and small older travel trailer that we had just spent 6 month completely renovated for this trip. Both vehicles were deemed totaled. Both my husband and I were transported to the hospital by ambulance but after checking him over my husband wasn’t treated but I was. I was having chest pain and we were both experiencing very high blood pressure. I was also probably having a panic attack. All the air bags in our vehicle deployed. Seemed like this kid was going way over the speed limit and I pulled off onto the shoulder trying to avoid him and he never swerved or tried to correct his trajectory (which was straight at us) the entire time. He hit us hard just behind the drivers headlight and as he raked down the entire drivers side of the my car 2005 6cyl 4wd hyundai tuscon it took both wheels completely off the vehicle and then hit our little 1994 A Frame pop up trailer head on. and it took the entire side out of the trailer scattering pieces of the trailer and all our clothes and personal possessions – dishes, clothes, food, bedding etc. that were in the trailer about 150′ down the state highway. It was terrifying. I still have bruises from the accident and I’ve had headaches almost everyday since. The kid gets out of his car and I’m on my knees on the side of the road and people are trying to help me and he’s just pacing the road saying “it wasn’t my fault – I didn’t do anything” over and over again. It was really creepy. We lost our car which had thousands of dollars of repairs to get it ready and to be safe to take this trip, We lost our trailer that we had just spent 6 month tearing everything out and completely rebuilding the interior. Everything in the interior, wiring framing, custom cabinets, water system, electrical system, propane systems were all new including new floor and subfloor. We are thousands of dollars in debt making these renovations not to mention our losing our retirement dream of getting to see some of this country for the first time ever in our life and not to mention the hundreds of hours of labor that we put into this labor of love. It was a sweet trailer. That accident took just about everything that we owned in this world. The only thing we have left is our mobile home in Oregon and thousands of dollars in debt we accumulated preparing for this trip. We are terrified that we will be offered little to nothing for either vehicle and since our injuries were relatively minor there’s little we can claim other than our ambulance and emergency room bills. But emotionally we are a wreck – our lives as we had dreamed our retirement would be is ruined – I missed my Mom’s 100th birthday celebrations and it’s likely I won’t ever get to see her alive again. I cry almost daily and I’ve been sick with the flu, a lung infection and sinus infections since returning home. My immune system is completely shot. Now they are taking away the rental car they rented for us to drive home in. We are still waiting for an offer but I’m scared. Driving and riding in a car for both my husband and I will never be the same. It’s now very scary and we’re grabbing at things to brace ourselves and constantly on the look out for the slightest peripheral movement. I wake up at night seeing that kid pacing the highway and hear him saying “I didn’t do anything, it wasn’t my fault :- over and over and over. I’m having trouble sleeping at all. He was ticketed for driving on the wrong side of the road (never drug tested) and his insurance has informed us that he only carried the minimum amount of liability insurance required by Texas law. I think it was his Mom’s car and her insurance. The car was a brand new Honda Civic with all the bells and whistles. So he probably gets another brand new car and we get nothing. Any suggestions??? Thanks
Ian Pisarcik says
Jocelyn,
You and the rest of the members of your town may have recourse in the form of a toxic tort lawsuit. I would recommend contacting an attorney in your area. In addition, you should consider reading our articles related to toxic torts. You can read the articles here.
Ian Pisarcik says
Roxxy,
It’s difficult to win a lawsuit in this situation. However, you should talk to an attorney in your area to get a better sense of whether you have a good case. Feel free to use our free online directory to locate an attorney. If you can’t afford an attorney, contact the referral service with the Texas State Bar.
Ian Pisarcik says
Takila,
In most cases, you wouldn’t be able to recover damages for this sort of disclosure (assuming the information was only disclosed to the doctor). However, you may want to talk to an attorney in your area to see if there is any recourse.
Ian Pisarcik says
Sue,
You can always sue another person for damages that exceed the liability limits. I would recommend talking to an attorney about your case. Attorneys are good at coming up with damages that you might not have considered. What’s more, most initial consultations with an attorney are free.
David says
My name is David and I’ve been living on the streets of Austin and San Antonio for many years. A friend and I were riding our bikes through a suburban neighborhood when 2 men in a truck attempted to intentionally strike us with their car after I made an incomplete stop at a 4-way stop intersection. There was no inconvenience to them. The driver was merely angry that I had (unintentionally) broken a traffic law on my bike. After the men were unsuccessful at striking either of us with their vehicle, they circled around the block and came at us head on, then swerved into the oncoming lane and tried to strike me again with their vehicle as I was now pushing my bike up a steep hill. The men then threatened to kill me and my dogs. When I grabbed my dogs leash out of my bike trailer, they instantly drew their own pistols and quickly exited the vehicle and both put their guns to my head and threatened to kill me. Then, one of the men put the barrel of his gun in one of my dog’s mouth and threatened to kill him. This happened very quickly, and then I started to the broadcast the incident live on Periscope. This subsequent link is to the the video and begins where I left off detailing the incident. Both men were charged with aggravated assault with a deadly weapon in Bexar County, Texas. Needless to say, watching a crazed maniac threaten to kill, what I consider to be children. Besides the damages to my VERY EXPENSIVE electric bicycle, I am also seeking damages for the obvious mental anguish that an incident like this would cause. Also, please note the point at which one of the men tells a 911 dispatcher that the others involved are “human garbage.” Please let me know your thoughts and advice on this situation.
Ian Pisarcik says
David,
I’m really sorry this happened to you. Based on your description, it sounds like you have a case for civil damages. I would recommend reaching out to an attorney in your area. The Texas State Bar Lawyer Referral service can provide you with no-cost or low-cost options: https://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_
When you meet with your attorney, be sure to bring along a copy of the video. Also, be sure to inform the attorney that the driver was criminally charged.
If you decide to file the lawsuit yourself, you may want to review our article on the various courts in Texas.
Amanda says
My fiance and I booked with an all inclusive venue. Very pretty, great deal, met everything we could have wanted for a price we couldn’t beat. We had picked exactly what we wanted when we booked two years out so all we had to do was pay our monthly payments and show up pretty and ready to celebrate the day of our wedding. About a year after we signed the owner let us know he was shutting down and would be paying us back when the owner of the physical property paid him. A year after that we still haven’t been paid the money we put in. We have essentially paid for a wedding twice over and had to make serious cuts and sacrifices to be able to afford to continue moving forward. Had we known that we would still be fighting to get our money we wouldn’t have bothered to continue planning we would have just saved our money. We didn’t just lose a venue, we lost everything but the dress.
Truck Driver says
I work for a large company for 19 years and the things that had been done to me, years ago when I first started with the company I twisted my knee and the boss said to go to my own doctor and he will add hours to pay for the doctor treatment, and then would not let me go to my grandfathers funeral but at the last minute he changed his mind and said to only take one day off he was the only father figure in my life, and here recently a new manager is telling me to drive a truck that was not in DOT compliance because of a cracked windshield and he pulled me aside from everyone and said if you dont drive it you will have to work weekends.. and just last week my truck was making strange noises when applying the brakes a real loud banging, I drive a straight truck oil tanker, I took it in to have it looked at and then later that day he came to me and said lets go get my truck they said it was safe and I kept asking who said it was safe and he kept saying the repair place said it was safe to drive, so I went a picked it up a drove it for a day and the next day it was real bad and I text him this truck is dangerous to drive and who said it was safe and he kept being vague about who said it was safe to drive… to make a long story short when I took my truck back to the shop agin I asked the mechanics who said it was safe to drive and they told me that they told my boss the brakes where fine but we have not found what the problem is that’s making the banging noise and making my truck jump around, my boss told the repair place to put it back together and we will pick it up… he was risking my life so he could meet his numbers so he can look good in front of his peers and the expense of possibly causing me harm or death, I haven’t been able to sleep because of all the lies and now I don’t trust the company I work for and I just get so stressed out going into work and other guys in my office could attest to this because they have gone thru other things such as this,, safety does not matter as long as the numbers are being met and just makes me wonder if the same thing is happening company wide, this whole situation just makes me sick to my stomach and makes me afraid to drive my work truck any more. I am so weak and stressed out from lack of sleep
Melissa Gold says
Hello. I’m sorry to hear that you’re going through such a hard time with your employer. You’re correct that it’s the employer’s responsibility to ensure that any company-owned vehicle you must drive for work is safe. Employees do have rights and I can understand that finding a new job might be difficult or even impossible. Without knowing the specifics, I can’t advise what you should do next, but you can contact a lawyer who specializes in employment law if you believe your rights are being violated. Please feel free to use the Enjuris lawyer directory (available online at no cost) to find an attorney near you who can help in your situation. Thank you for reaching out; I hope that your work issues are able to be resolved swiftly.
Melissa Gold says
Hi Amanda. I’m so sorry that you had to go through all that! Thank you for sharing your story with us. There might be legal recourse to recoup the money you lost but it depends on whether you’re still within the statute of limitations. In Texas, the statute of limitations for most personal injury lawsuits is 2 years. You might also be able to file a complaint with the state Attorney General if you believe that there were deceptive business practices. If you’d like to pursue legal action, the Enjuris law firm directory can help you find an attorney who can best advise you of your legal options. Best of luck to you and my warmest congratulations on your wedding.
Pamela Simons says
My son is mentally disabled. There was conflict between my son and my brother. My brother is a highly respected M.D. My brother messaged my son, after the conflict, that he was a waste of space and he should “Just Kill Yourself”. Also messaged him wanting to know ” Why Aren’t You Dead Already”?.
This sent my son over the edge. He loved his uncle and saw him as the father figure he never had.
As i mentioned, my son is already mentally disabled dealing with depression, panic attacks, anxiety and so on. Now its gotten worse. Does he have a case for mental anguish?
My son still has all the messages sent to him by my brother, his wife and their kids.
Ian Pisarcik says
Pamela,
“Intentional infliction of emotional distress” (sometimes called “the tort of outrage”) allows people to recover damages for emotional distress if someone intentionally or recklessly inflicted emotional distress by behaving in a way that is seen as “extreme and outrageous.”
The actions of your brother might rise to the level of “extreme and outrageous,” but these are often hard cases to win. I would recommend meeting with an attorney in your area to discuss your options. In addition to a civil lawsuit, it sounds like a restraining order might be necessary to keep your brother from contacting your son.
Rebecca says
My mom just passed away in Texas I live in Iowa upon my coming to Texas to make arrangements and gather my moms things a niece who was staying with her for about six months stole 480 dollars from my moms checking account and refused me access to my moms residence to obtain her personal belongings, everything in the home was my mother’s. Do I have a civil case for the theft of the money and belongings as well as pain and suffering she caused by not allowing me to obtain my moms belongings and grieve properly?
Rebecca says
My mom recently passed away in Texas I live in Iowa I came to Texas to make arrangements and pay for her expenses I niece who had been staying at my moms for 6 months stole 480 dollars from my moms account and denied me access to my moms home to get her belongings everything in the home was my moms. Do I have a civil suite for competition for the items I was denied access to and pain and suffering for not being able to grieve properly?
Dale says
I worked as a non commissioned security guard for walmart in Elpaso,Texas 2 days after the mass shooting they had there and i was subjected to standing post inside the walmart store where they actually had the shooting.The day I was standing post inside the store,I had to be exposed to the blood stains,smell and the visible billets whole and destruction that was present there.I was later moved to another store location in El,Paso where I was standing guard at one of the entrance and I was approached by the walmart store manager to walk with him to the garden center because he had a situation there and as we approached the location ,the manager just said to me right there and he turned off quickly right before we arrived where there was 3 people standing and I noticed that one of them had a hand gun in his hand.I asked the man with the gun was there any problem and he stated no and was trying to hide the gun behind his back at the same time.The man stated to walk away with his hand behind his back and got into his truck and drove in reverse down the side road of walmart. I attempted to get his car tag info so I could report it to the store manager and police department .The driver after he realized he wasnt able to leave from the back of the property drove the vehicle forward in my direction at a high rate of speed to leave the area and after the incidents of the blood stains and the gun situation,I’ve had issues with sleeping ,anxiety,depression and a host of other situations.I’m now in PTSD classes at my local Veterans Hospital..Can I seek emotional damage do to the fact of walmart had me doing a job task that was meant for the police officer that was supposed to be at the store but wasn’t there that day?
Ian Pisarcik says
Rebecca,
You can certainly sue your niece for damages on behalf of your deceased mother. If you were to win, the $480 and the belongings would be placed back into your mother’s estate and they would be distributed in accordance with her will (with the exception that your niece wouldn’t receive any of the property). I would recommend using our free online directory to locate an attorney in your area if you wish to pursue this matter.
TS says
My wife recently called the police and told them I was exceedingly drunk and had taken a large quantity of pills in an effort to kill myself. I was taken on a 72 hour psych hold. Upon arrival at the hospital, my blood alcohol was tested at .1%., very relaxed but not excessively drunk at all. Further, I was told I was tested for the presence of pills I was said to have taken and none were found in my system. When I released on day 3, I returned to an empty home and an email informing me she had filed for divorce which caught me by surprise as divorce had never been discussed. She further indicated she had filed a restraining order against me and that I had to leave our home by the following day or when she arrived she’d have me arrested for violating the order. Turns out there was no restraining order. My divorce attorney has since assured me the call to the police was a setup, that in the era of Covid-19, there is no way she could have located and retained an attorney who would have filed on the same day as she indicated happened.. I suffer from PTSD from having dealt with a series of arrests, all of which had charges dropped by the DA because of a first ex-wife filing false charges. My wife is fully aware of this and the years of counseling.. I can’t sleep, I eat sparingly and find myself checking the window frequently through the night for fear of arrest. Aside from choosing women better, can I sue her for intentional infliction of emotional duress or anquish? Thank you.
Melissa Gold says
Hello. I’m sorry to hear that you’re going through this. The best source for information in this instance is your own divorce attorney. Since you have a lawyer who’s familiar with the facts of your situation, they would be the best person to advise on this. If you can’t get the help you need from your lawyer, you might reach out to your state bar association to find a victims’ advocate who can advise.
SN says
My doctor wrongfully diagnoses me with a a missed misscarriage after she failed to find the embryo in the US. She told me to expect the inevitable that I would start the process of the miscarriage. And that they would monitor my hcg over that Wednesday and Friday to see if my levels were dropping accordingly. Friday I get a call to go to the clinic to get my levels redrawn. They told me they didn’t have any appointments free and it would just be a bad visit. My doc visited me in the lab area and stated my levels were actually in good range and that I should remain hopeful. I felt frustrated with this I asked her what she meant by remaining hopeful?? If she told me I had lost my pregnancy. I grieved i didn’t work I basically went MIA for those couple of days and then hearing this destroyed me I didn’t know what to think. Monday she calls me to tell me my levels continue to rise and she wants to just continue to monitor my hormone levels. I felt frustrated and sternly requested a repeat ultrasound. She refused a repeat ultrasound stating she felt it wasn’t a good idea since the first ultrasound she did showed zero pregnancy. And that was it nothing else she hung up. I lost it I couldn’t work I couldn’t function, I didn’t eat I felt devastated. A friend suggested I get a second opinion. That Wednesday we got the second opinion and they found the baby perfectly healthy pregnancy at 9 weeks.. I was floored.
Melissa Gold says
Hello. I’m so sorry you went through such an emotionally-charged experience. The early days of pregnancy can be overwhelming under any circumstances. I’m not a doctor so I can’t speak to whether yours made any mistakes through this process and whether the embryo not being visible on an early pregnancy ultrasound is common or not. Right now, it sounds as though the harm you experienced was your grieving time when you believed you’d lost the pregnancy. From what I understand, your pregnancy, itself, wasn’t affected and you’re still expecting to birth a healthy baby when the time comes.
In order to have a claim, your injury (in this case, the mental anguish) must have cost you money. Usually, an emotional distress or anguish claim accompanies a claim for physical or financial injuries (like harm to reputation, loss of a limb, wrongful death, etc.). Since the doctor didn’t harm your pregnancy (for example, she didn’t give you any medication or treatment to remove what would’ve been a viable pregnancy), it doesn’t sound like you have a claim.
The only recourse you have is that if you’re angry and uncomfortable with this physician, you might consider finding a different OB practice. If you do decide to switch doctors, you’re always welcome to tell the doctor why you left if her knowing is important to you.
Beyond that, I hope the remainder of your pregnancy is healthy and uneventful, and congratulations on your new little bundle!
Hopeless to Hopeful says
Here it goes
A couple of years ago my family suffered the tragically unexpected loss of our young daughter. Following this loss were several court dates having to due with this event as well as my youngest daughter being snatched away. The nature of the accident was so horrifically graphic and being a witness to said accident was the most surreal moment of my life. All of this happened within about a month and a half. I’ve always been an upstanding person and hardworking mother, I put my trust in a man who in a sense failed myself and my girls.
The two of us as parents were tried and convicted for this accident. Although I myself only covered up the fact that the events that transpired were in fact the doing of my then fiancee. As an already battered and emotionally abused woman at the time I sealed my fate essentially. Who would believe me anyway right!? My life was completely ruined and the state of Texas drug me through the mud, put me through the ringer. Without prior offenses on either situation.
I witness my three step daughter laying there clinging to life, self-inflicted gunshot wound oozing blood from her precious little head. Her father carelessly left his fire arm in reach. Just coming home from a long day of work who expects to have to check with an adult with two small children about a firearm loaded or until and making sure it was safely put away. Having witnessed this tragedy and dealing with the aftermath I was immediately questioned without a lawyer. In a state of shock historical to say the least, I was told someone had to be held accountable. I was told this little girl deserved justice. This little girl was my little girl!! This little girl layed in my arms and began to take her last breaths. Where was the justice when I would be suffering this loss for the rest of my life.
The pain was unreal nothing short of a never ending nightmare. I was never able to properly grieve or come to terms with the situation. As well as my youngest daughter being put in the system because of my inability to function properly due to my mental state. I asked for with my mental health and was denied. I was assigned help for my mental health and I was dismissed. I’ve never smoked a cigarette in my life and found myself smoking a pack or two a day.
I was never asked what can we do to help! How are you feeling? Are you okay? All the while my little angel was suffering and confused. My motherly duties were to protect my children at all times and my 2yr old could never see me cry, hurt, fall. Stretched thin being accused of intentionally mistreating my children when my only goal was providing a bright future.
Help!!
Melissa Gold says
Hello. I am so sorry for all of your losses. I hope that you and your other children are safe now. I have two suggestions for you. First, you might wish to call the National Domestic Violence Hotline at 1−800−799−7233. Even if you’re not in immediate danger, the hotline can connect you with counselors and resources in your area that can help you through the grieving process and provide guidance on maintaining safety and positivity for yourself and the children in your care. Second, most cities have low- or no-cost resources for women in domestic abuse or unsafe living situations. Your state or local bar association can help connect you with those resources.
Again, I am so sorry for your loss and for everything you’ve been through and continue to go through in your grieving process. Please do take advantage of some of the resources available to you in order to protect yourself and your children from future harm. Be well.
Ian Pisarcik says
I’m so sorry this happened to you. Whether or not you have access to your mother’s things depends on the language in your mother’s will. I would recommend speaking to an estate attorney in your area. Be sure to bring along a copy of the will if you have one.
Lupe says
Hello,
We hired a contractor to do renovations on our home and paid him over $100k over the course of 5 months. When he asked for more money we refused and he stopped all work. The city and a private home inspector found numerous violations, safety and hazardous issues that he refuses to fix. My mother has suffered intense emotional trauma and was referred to a psychiatric center. Can we file a suit based on the emotional trauma?
Ian Pisarcik says
In addition to recovering damages to repair the problematic work, you MAY be able to recover damages for the emotional trauma caused by the delay/inadequate work. However, courts in Texas are reluctant to award damages for emotional trauma unless there is clear evidence of a trauma. I would recommend meeting with an attorney in your area. Most initial consultations are free and the attorney will be able to tell you whether you have a case or not.
Alan D says
So…
I have multiple communications with members of my management team. Over the past 20 months on 3 different occassions – I am a journalist – someone has run to my employers with a story to tell about my “rude” behavior or whatever.
The only problem is? The stories they told my employers and the facts around them and the facts that I POSSES completely contradict these narratives.
The problem? Remember, I am in JOURNALISM where facts matter right?
These facts are
1. Ignored
2. Willfully not allowed on the record of discussion
It is almost a sense of an employer trying to fabricate reasons to write me up or worse.
Funny thing is? I have had about 2,000 interactions with the public and only 3 of them were negative to even go back to my bosses
1. Was caught in two blatant lies
2. Was caught in five blatant lies
3. Another I caught with evidence supporting my rhetoric.
But three out of 2,000 or so? For a journalist? That’s actually outstanding.
But I am getting so beat down and have actually used the words “humiliated” “not have my back” etc.
It is a newspaper that essentially is scared to offend anyone and panders to the public – which is not good for any newspaper to do.
I was also told by a friend here in the Houston area that I am being abused since I am not a native Texan and most all in the office are. I am a Yankee.
I know I am not a “protected class” but when does it become not OK and against workplace law to fabricate narratives to create a story to potentially write up someone? This has been threatened three times, I have fought back, and they back down, but first it was a fabricated bad evaluation (which the last two have been much much better) and then this threat or that threat. This is not good for my health.
Thoughts?
Stressful2020 says
Hello. I was involved in a car accident on July, The other person was at fault and her insurance already paid to my insurance but the thing is that the car was totaled and they paid for the actual value, so I still have a balance with the financial. I have GAP insurance and I filed my claim and did my part by submitting all the documentation they asked for. I keep calling the GAP insurance and they haven’t processed the claim. I had to get another car and had to make a down-payment. So now I have to make payments for both cars and it has been and it is very stressful. I am so depressed and very distressed with all this situation. I had plans on going to seeing my mom who is very ill with terminal cancer and I couldn’t go because I had to have an ACL surgery done and I am recovering from it. (Don’t know if it was because of the accident) Can I do something about it?
Melissa Gold says
I’m sorry you were involved in an accident and are struggling. Yes, insurance covers the actual value of the car that was lost, not the cost to purchase a new vehicle. The gap insurance should help, though it depends on the specifics of your policy. If you are having trouble with the insurance company, or if it’s being unresponsive, you could call a lawyer who can attempt to work with the company on your behalf.
Emotional distress isn’t covered by insurance; the only way you could recover for mental anguish or related issues is through a lawsuit. Although I don’t know all the facts, it doesn’t sound like your sadness over not being able to visit your mom is a direct result of the accident. In order to recover for mental anguish, you need to prove that you have a diagnosed condition (like anxiety, depression, PTSD, etc.) that is a direct result of the injury. Since you don’t know if the ACL injury is related to the accident, the accompanying emotional distress would likely be impossible to tie to the accident. It sounds as though the accident has had some unfortunate ripple effects in your life, but only those that are direct results of the injury can be compensated. If you have questions, you can contact a personal injury lawyer for assistance. Best wishes to you.
Brokenhearted says
My son who was 24 committed suicide in front of me. His death was horrific and in the process of trying to stop him I was badly cut on 7 of my 10 fingers all needed stitches and happened as I tried to block the knife my son used to cut his throat. He didn’t make it and stopped breathing in my arms. The ambulance arrived 10 mins later and performed CPR with a breathing device loaded him up and rushed him to the hospital. I arrived at the ER soon after where I was told I couldn’t see my son that he didn’t make it and his body is now part of a crime scene. In shock my hands badly cut the hospital had me sit in a room where I waited for the police to come and take my statement, I was now a possible suspect in my son’s death they looked at it like It may be possible that his death wasn’t a suicide. I’m spinning in shock my hands are in so much pain and only after a talk with police and a couple hours of waiting did I finally recieve medical attention for my badly cut fingers. I never got to see my son before he was cremated it didn’t hit me till later that I was denied the opportunity to say my goodbyes, suspected of being responsible for his death this hospital had no compassion and after Justice of the Peace ruled my son’s death a suicide after seeing where it happened (as I’m sitting in a conference room in hospital) even after that nobody came to see if I wanted to say goodbye but they did finally stitch me up. Can I hold the hospital responsible for emotional anguish and they way I was treated and how only hours later did I recieve medical attention. I’m really upset at how it all went down how cold they were after I lost my son and the traumatic way he died was horrible. Do I have a case. Please tell me what can be done so nobody else will go thru,what I went thru. I feel cheated the opportunity to see my son one last time I feel nobody cared that I just lost a child, I’m upset and want something to be done
Vee says
I worked for a major company for many years and recently was terminated back in April 21. I filed my UI and was denied being ita treated as misconduct, and some information is incorrect. I filed for an appeal and was denied In my appeal.. sense.. I have been behind on living expenses and now my vehicle is dead..
I will appeal for a second time, but am losing everything at this point due to my misconduct being issues with of course working remotely for and being sick. Please help .. I need my UI to live and feed my family. Noone wants to help me , but talk about policies. Pocliciea are I need to feed my family and survive. I have applied for jobs, but we are still in a pandemic state.. now, I don’t have a car… because of being fired. My Bill’s are piling up. Can someone help me. The director is a pos… he gave another employee an option of working part time
Elderly Advocate says
Can a beneficiary of an Estate files civil charges toward fiduciary abuse that cause mental anguish and emotional distress.
RT.. says
Hi, I’ve been asaulted, and attacked twice while in the, premises of metro, I’ve suffered, multiple pains, and aches, now my body, doesn’t function properly, and my mind took a toll, now I’m afraid of little things, like I’m a change person, I tried finding a lawyer to sue metro, because they lack of security, but no lawyer would take my case. can i get some kind of assistance?
Yvonne Butcher says
Yes I actually have 2 separate cases I think , first I lost my common law husband in 2019 tragically to a accidental self inflicted gunshot to his abdominal. I was there getting our dinner out of oven when the shot went off I tried desperately to save him but failed , I worked for his mom who tried to run me over for 7 years she fired me that same day stating she didn’t feel she was getting the emotional support she deserved. She locked me out of our home she gifted him and I and lied to unemployment so I couldn’t get no help. She planned his memorial w/o my knowledge or consent and I found out went she physically attacked me…she still has our home and all his and my stuff clothes pictures everything. My mom got sick at same time so I threw myself into taking care of her for 2 years when one dialysis session she told them she had to go to bathroom they didn’t help and she had a accident they left her in her own feces for over 3 and a half hours when she got home she was crying humiliated embarrassed. It took me 2:hours to clean her and she was left so long it burnt her poor skin. This utimily made her descion to stop dialysis and go on hospice which I pleaded with her not too. I cannot grasp all of this have seemed no help due to financial hardship do I have a case on either one cause justice needs to be served. Thank you.
Ian Pisarcik says
I’m so sorry this happened to you.
I would recommend contacting a personal injury attorney through our free online directory. If you’re unable to find one, consider contacting the Texas State Bar attorney referral service.
WP says
Hello, my name is Walter Perry and I want to sue for mental anguish. Recently I was with a law firm and the attorney signed 2 Rule 11 agreements without my knowledge and when I questioned her about it, she withdrew from my case a day before my hearing. She sent me an email and told me I didn’t have a hearing the next day, but I did have a hearing and the opposing counsel took advantage and had a hearing without sending me due notice and on June 17, 2021, I got a default judgment. I’m currently diagnosed with PTSD, anxiety disorder, and depression and these events have caused me to relapse and have mental and emotional issues. I had to hire another attorney and the judge granted me a new trial on Aug 23rd, 2021. The opposing counsel also used that opportunity to file an eviction suit against me and my two daughters, one of who is pregnant. This whole ordeal has caused me extreme sadness, depression, panic attacks, and constant crying. The eviction notice has caused me to lose out on contracts, friends, family, and I feel publicly shamed. Today, on Sept 1st, 2021, I appeared in eviction court, but the case was dismissed in my favor. It’s hard for me to go outside and I’m embarrassed to be in public. Also, the improper default has destroyed my business reputation and I’m having a hard time finding work.
Jo says
My boss took away our privileges to waive late fees or five discounts on anything. Today he wrote me a letter accusing me of doing this after he said we couldn’t. Basically saying I stole profit for the company. I printed out the letters as they were in the computer. I CANNOT waive or make credits anymore.
Melissa Gold says
Hi, Jo. I am sorry this is happening to you. It’s hard to know what’s happening here with few details about the situation or your workplace. If you need assistance, please consider contacting a lawyer who can help. Best wishes.
Dee says
Hi, I complained to my HR department about one of the partners of a firm creating a very hostile work environment by constantly cursing raising his voice and it created severe anxiety for me to where it was very hard for me to work in the environment and I constantly had to go outside to get fresh air. I complained about this to HR and requested for a new office they moved me to a new office in three days later I was terminated. They claim they terminated me for a different reason that was related to a meeting with my supervisor The day before they fired me and he came into my office criticizing me criticizing my work and raising his voice at me and I asked him to leave my office. The company said that they terminated me because I was disrespectful to him. I do believe that they terminated me because I complain about one of the higher partners. I have suffered severe anxiety humiliation and embarrassment and many more things due to this termination. Would I have a claim to sue under emotional distress and anguish? I am also an African-American woman and I saw Caucasian women of the same positions as me being treated must much more fairly that allow them to get a write up and improve their actions before they were terminated. With me I received none of that so I also feel as if I was discriminated in some sort. Also the whole two years I worked there I never received any type of write up or any type of criticism on my work
Kathy stokes says
My ex while married committed following. Shoot me with a starter pistolgun ( I assumed it was real sounded real and smoked) he tried to rape me assaulted me, locked me in closet , tried to run me off bk rds at high speeds to kill me? Parent alienation /slandered Me. After 40 yrs and during covid isolation I now suffer have ptsd and under psychiatric care. I Suffer nightly nightmares ,flash bks ,mental anguish.etc And can’t find a lawyer to sue him. Why?
Melissa Gold says
Hello, there. I am sorry to hear this. My suggestion is that you contact the National Domestic Violence Hotline at 1-800-799-SAFE for additional resources, both for your trauma and legal help. Best wishes.
Sammy L says
I work for a company that has a huge work from home set up for employees. It is essentially an outsourcing call center. They switch people from project companies to project companies. I was recently switched to one I do not like nor feel like I am really performing my duties as a customer service agent. Another issue with the project company is I have reason to believe they do not care of their customers and treat them poorly by not properly managing their accounts or calls. We were given only two days of training, most of my colleagues have no idea what we are doing still, after 1 month. The information we were trained on seems 100% incorrect. We are to answer calls, update insurance or transfer the people to the correct phone line. Well most of our calls are transfers, but they always call back stating they were hung up on or never answered after waiting for (an) hour(s). With that being said, my colleagues and I are constantly receiving angry calls all day long. Angry callers are expected, but for how often they are and for the reason of us just doing what we were told to do seems quite unfair and unethical. From this, I have began developing extreme fatigue, migraines, anxiety, and have had a couple meltdowns, notated by my therapist I have been seeing for almost a whole decade now. I do not have a history of chronic anxiety (my family history does), but it has been worsening with this project company. (As a good notation, my prior project with my employer, I was really good at my job and never had any mental issues. I did as I was told and had amazing reviews from all of my callers). I have tried to have my company switch me to another project and or give me accommodations to relieve the stress. The calls are constant/nonstop until you clock out for breaks or clock out for the day. There is only a 7 second wait until the next call is already wired to one of us and they expect us to have a call quota of 80-100 calls with only 3 minutes or less on each call. I document all complaints by other colleagues every chance I get. There seems to be only 3/30 people meeting the adherence requirements. The expectations and job duties do not seem realistic for a reasonable person.
Let me add on. When I attempted the accommodations and project change, they are being difficult and I have been in a battle over it for three weeks. Now all of a sudden they’re requiring me to disclose all of my medical records pertaining to the reason of accommodations needed and gave me a timeframe of 15 days, which was really hard to schedule for a doctor’s appointment. Three weeks ago I was told I didn’t need to disclose personal health problems! They only had one appointment within 15 days!
Jack says
Case description October of 2020
Hi, my name is Jack. I’m interested in seeking compensation for a shoulder injury but mainly for mental anguish due to humiliation and PTSD after a Walmart employee had an issue with me over a parking spot in Walmart parking lot. The employee called in a false report about me being intoxicated and harassing people in Walmart parking lot with a 3 year old. This led to 3 police officers pouncing on me while at self checkout. During this time another walmart employee swooped up my 3 year old out of the basket. While I was speaking to him in an attempt to keep him calm. Management decided to take him to a private office even though I had requested he stay with me. After being in the back of a police car for 20-25 minutes I was released without charges. Then CPS was knocking on my door the next day.