Emotional distress and PTSD claims in Midland: help first, then the law

If you are struggling after an accident in Midland, help is open now. Call or text 988, or call PermiaCare's 24-hour crisis line at 1-844-420-3964. In Texas, mental anguish is usually recoverable when serious bodily injury occurs, and most suits are due in 2 years.

Last checked November 9, 2026 · Official sources (26)

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Road map of Midland marking East Illinois Street, where the PermiaCare Midland clinic is
Call or text 988, or PermiaCare at 1-844-420-3964. Map data © OpenStreetMap contributors.

Where can you get help for PTSD or anxiety in Midland?

  • If you are in a crisis, you can call or text 988.
  • PermiaCare has a 24-hour crisis line at 1-844-420-3964. Its Midland clinic is at 401 E Illinois, Suite 100, (432) 570-3300.
  • The Midland County District Attorney's Victim Assistance Division serves victims of serious bodily injury cases and helps with the state compensation form. Call 432-688-4411.

The Texas Attorney General's Crime Victims' Compensation Program covers vehicle crimes such as failing to stop and render aid. It pays after health and auto insurance. The application is due within three years.

How long does PTSD last after an accident?

It is natural to feel afraid during and after a traumatic event, and most people recover over time. PTSD symptoms usually begin within 3 months, but they sometimes emerge later.

A PTSD diagnosis needs symptoms that last longer than 1 month. Some people improve within 6 months, and for others symptoms last 1 year or more. Roughly 6 in 100 people have PTSD at some point in life. A provider can assess it with a structured interview.

You are not weak for needing help, and asking early can shorten the hard stretch. If you avoid driving, or a bridge or road brings it all back, tell your provider.

Can you sue for emotional distress in Texas after a Midland accident?

SituationWhat Texas courts say
You were physically hurt and also have distressMental anguish damages are recoverable in virtually all injury actions where serious bodily injury is inflicted
You were not physically hurtIn Texas, a careless act that only causes emotional distress is generally not a basis for a claim. A Texas appeals court denied recovery to a crash passenger with PTSD and no physical injury
You saw a loved one hurtCourts weigh whether you directly perceived the accident and whether you and the victim were closely related

Mental anguish must connect to a breach of some other legal duty. Texas lists mental anguish, disfigurement and physical impairment separately as noneconomic damages.

How do you prove emotional distress in Texas?

A claim needs direct evidence of the nature, duration and severity of the anguish. Your own plain words help, and so do notes from a provider. Keep a short log of sleep, panic, missed work and avoided places.

Money for distress that does not come from a physical injury is taxable. Ask a tax preparer before you accept a settlement that is mostly for distress.

How long do you have to file an emotional distress claim in Midland?

The usual suit deadline is two years. A claim against a government unit needs notice in six months. Under the City of Midland's charter, a written notice must arrive within 60 days of the injury.

Questions

Should I get counseling before I talk to a lawyer?

Yes. Your health comes first, and treatment records can also support a claim.

Does PTSD show up right away?

Not always. It usually begins within 3 months but sometimes emerges later.

Can I recover for PTSD if I was in a crash but not hurt?

It is hard in Texas. An appeals court denied recovery to a passenger with PTSD and no physical injury.

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Sources (26)

  1. National Institute of Mental Health, checked 2026-11-09. “In Crisis? Call or Text 988”
  2. PermiaCare, checked 2026-11-09. “24/7 Crisis Intervention/Suicide Prevention Hotline: 1-844-420-3964”
  3. Fitzpatrick v. Copeland, 80 S.W.3d 297 (Tex. App. 2002), checked 2026-11-09. “damages are recoverable in virtually all personal injury actions where serious bodily injury is inflicted”
  4. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  5. National Institute of Mental Health, checked 2026-11-09. “Symptoms of PTSD usually begin within 3 months of the traumatic event, but they sometimes emerge later.”
  6. Boyles v. Kerr, 855 S.W.2d 593 (Tex. 1993), checked 2026-11-09. “there is no general duty in Texas not to negligently inflict emotional distress”
  7. PermiaCare, checked 2026-11-09. “401 E Illinois, Suite 100 Midland, TX 79701 (432) 570-3300”
  8. Midland County DA, Victims Assistance, checked 2026-11-08. “to the relatives of deceased victims”
  9. Midland County, Staff Directory, checked 2026-11-08. “432-688-4411”
  10. Texas Attorney General, Crime Victims' Compensation, checked 2026-11-08. “Vehicular crimes that are covered include failure to”
  11. Texas Attorney General, Crime Victims' Compensation, checked 2026-11-08. “have been exhausted”
  12. Texas Attorney General, Crime Victims' Compensation, checked 2026-11-08. “File the application within three years of the date”
  13. National Institute of Mental Health, checked 2026-11-09. “It is natural to feel afraid during and after a traumatic situation.”
  14. National Institute of Mental Health, checked 2026-11-09. “a person must have symptoms for longer than 1 month”
  15. National Institute of Mental Health, checked 2026-11-09. “Although some people recover within 6 months, others have symptoms that last for 1 year or longer.”
  16. VA National Center for PTSD, checked 2026-11-09. “About 6 out of every 100 people (or 6% of the U.S. population) will have PTSD at some point in their lives.”
  17. VA National Center for PTSD, checked 2026-11-09. “Providers may use a structured or semi-structured interview”
  18. Fitzpatrick v. Copeland, 80 S.W.3d 297 (Tex. App. 2002), checked 2026-11-09. “We hold the trial court correctly granted summary judgment to Appellees that Fitzpatrick take nothing on her claim for mental anguish”
  19. Freeman v. City of Pasadena, 744 S.W.2d 923 (Tex. 1988), checked 2026-11-09. “sensory and contemporaneous observance of the accident”
  20. Freeman v. City of Pasadena, 744 S.W.2d 923 (Tex. 1988), checked 2026-11-09. “Whether plaintiff and the victim were closely related”
  21. Boyles v. Kerr, 855 S.W.2d 593 (Tex. 1993), checked 2026-11-09. “A claimant may recover mental anguish damages only in connection with defendant's breach of some other legal duty.”
  22. Texas Civ. Prac. & Rem. Code § 41.001(12), checked 2026-11-09. “physical pain and suffering, mental or emotional pain or anguish, loss of consortium, disfigurement, physical impairment”
  23. Parkway Co. v. Woodruff, 901 S.W.2d 434 (Tex. 1995), checked 2026-11-09. “direct evidence of the nature, duration, and severity of their mental anguish”
  24. IRS Publication 4345, checked 2026-11-09. “do not originate from a personal physical injury or physical sickness, you must include them in your income”
  25. Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
  26. City of Midland Charter, Sec. 8, checked 2026-11-08. “duly verified within sixty days after the same has been sustained”

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