PTSD and emotional distress after an accident in San Antonio: can you sue?

Sometimes. In Texas, mental anguish is usually recoverable when you also suffer serious bodily injury. In one Texas case, an appeals court denied money to a crash passenger who had PTSD but no physical injury. If you need to talk today, call or text 988, or call (210) 223-7233 in Bexar County.

Last checked November 9, 2026 · Official sources (37)

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Can I sue for PTSD after a crash in San Antonio?

It depends on what else happened to you. Texas does not recognize a general duty to avoid negligently causing emotional distress. To recover for mental anguish, you must tie it to the breach of some other legal duty.

Your situationWhat Texas courts have said
You were seriously hurt and also have PTSDMental anguish is usually recoverable when serious bodily injury occurs
PTSD, with no physical injuryA Texas appeals court denied recovery to a crash passenger in that position
You saw a loved one hurtCourts weigh whether you directly perceived the accident and whether you were closely related

These are court rulings, not a promise about your case. A lawyer needs your facts.

Where can I get help in San Antonio right now?

  • 988, the national crisis line. Call or text.
  • Center for Health Care Services crisis and substance use helpline, 24 hours: (210) 223-7233 or (800) 316-9241. It charges on a sliding scale by family size and income.
  • SAPD Victims Advocacy: 210-207-2141.
  • Bexar County District Attorney's Victim Assistance: 210-335-2105, with help in Spanish.

If the crash was a crime, such as a hit-and-run, the District Attorney's office can help you apply to the Crime Victims Compensation fund, which covers counseling and lost wages. Texas counts a failure to stop after a crash as covered conduct. It can help cover costs up to $50,000 and pays only after other resources.

What are the signs of PTSD, and when should I get checked?

Fear after a trauma is natural, and most people heal with time. PTSD symptoms usually start within 3 months, though sometimes later. Doctors diagnose PTSD only when symptoms last longer than 1 month.

Signs can be flashbacks with physical symptoms or avoiding driving after a crash. Some people recover within 6 months. Others have it for a year or longer. About 6 of every 100 people have PTSD at some point, and one hospital study found 27.5 percent of people hurt in serious crashes had it at 6 months.

How do you prove emotional distress in Texas?

  1. See a provider. PTSD is assessed with a structured interview and a questionnaire, with no special equipment.
  2. Keep a short daily note on sleep, fear, panic and what you avoid.
  3. Save work notes and receipts for counseling.
  4. Have a lawyer check which Texas rule fits your case.

A Texas court has asked for direct evidence of the nature, duration and severity of mental anguish. Texas treats mental anguish, disfigurement and physical impairment as separate items of noneconomic damages.

What deadlines apply to a PTSD claim in San Antonio?

A court filing is generally due within 2 years. If the City of San Antonio is involved, written notice is due in 90 days. Other Texas governments need notice in 6 months. Fault above 50 percent bars recovery. For a child, time does not run while under 18.

Tax: money for emotional distress is taxable when it does not come from a physical injury. Money for a physical injury is generally not taxable, except for medical costs you deducted in an earlier year. Medicare recovers payments on liability claims.

Questions

What if I only saw the crash and wasn't hurt?

Courts weigh whether you directly perceived the accident and whether you were closely related to the victim.

Do I need a diagnosis to claim?

Texas courts look for direct evidence of how bad and how long the distress lasts. A provider's assessment helps. It needs no special equipment.

Is a hit-and-run covered by the state victim fund?

Texas counts failing to stop after a crash as covered conduct. The fund pays only after other resources.

How long could a case take?

Federal data shows jury trials averaged 27 months, and settlement terms may not be public.

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Sources (37)

  1. 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”
  2. 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”
  3. National Institute of Mental Health, checked 2026-11-09. “In Crisis? Call or Text 988”
  4. The Center for Health Care Services, checked 2026-11-09. “CALL 911 OR 24-HOUR CRISIS & SUBSTANCE USE HELPLINE: (210) 223-7233”
  5. 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”
  6. National Institute of Mental Health, checked 2026-11-09. “It is natural to feel afraid during and after a traumatic situation.”
  7. National Institute of Mental Health, checked 2026-11-09. “a person must have symptoms for longer than 1 month”
  8. Tex. Code Crim. Proc. art. 56B.052, checked 2026-11-08. “not later than the third anniversary of the date of the criminally injurious conduct”
  9. 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.”
  10. Freeman v. City of Pasadena, 744 S.W.2d 923 (Tex. 1988), checked 2026-11-09. “sensory and contemporaneous observance of the accident”
  11. Freeman v. City of Pasadena, 744 S.W.2d 923 (Tex. 1988), checked 2026-11-09. “Whether plaintiff and the victim were closely related”
  12. The Center for Health Care Services, checked 2026-11-09. “A sliding fee schedule is available based on family size and income.”
  13. SAPD, Contact & Connect, checked 2026-11-08. “Victims Advocacy : 210-207-2141”
  14. Bexar County District Attorney, Victim Assistance, checked 2026-11-08. “The Victim Assistance Division may be contacted at 210-335-2105.”
  15. Bexar County District Attorney, Victim Assistance FAQ, checked 2026-11-08. “the DA’s Office can help you apply for benefits”
  16. Tex. Code Crim. Proc. ch. 56B, checked 2026-11-08. “in violation of Section 550.021, Transportation Code”
  17. Texas Attorney General, Crime Victims' Compensation Program Overview, checked 2026-11-08. “The CVC Program can help cover costs up to $50,000”
  18. 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.”
  19. National Institute of Mental Health, checked 2026-11-09. “reliving the traumatic event, including physical symptoms, such as a racing heart or sweating”
  20. National Institute of Mental Health, checked 2026-11-09. “some people may avoid driving or riding in a car after a serious car accident”
  21. 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.”
  22. 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.”
  23. PubMed Central (NIH), checked 2026-11-09. “PTSD developed in 27.5 % (n=101) and 24.3 % (n=77) of the population at 6 and 12 months respectively”
  24. VA National Center for PTSD, checked 2026-11-09. “Providers may use a structured or semi-structured interview”
  25. VA National Center for PTSD, checked 2026-11-09. “A good assessment of PTSD can be done without the use of any special equipment.”
  26. 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”
  27. 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”
  28. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  29. San Antonio City Charter, Article XII, Sec. 150 (Municode), checked 2026-11-08. “notice in writing of such death, injury or destruction within ninety days after the injury has been sustained”
  30. 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”
  31. Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-08. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”
  32. Tex. Civ. Prac. & Rem. Code § 16.001, checked 2026-11-08. “the time of the disability is not included in a limitations period”
  33. 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”
  34. IRS Publication 4345, checked 2026-11-09. “did not take an itemized deduction for medical expenses related to the injury or sickness in prior years, the full amount is non-taxable”
  35. Centers for Medicare & Medicaid Services, checked 2026-11-09. “claims where the beneficiary must repay Medicare”
  36. U.S. Bureau of Justice Statistics, Civil Bench and Jury Trials in State Courts, 2005, checked 2026-11-09. “the processing of a case required an additional half year for a jury trial (27 months), compared to a bench trial (21 months)”
  37. U.S. Bureau of Justice Statistics, Civil Bench and Jury Trials in State Courts, 2005, checked 2026-11-09. “The terms of settlement agreements and other key information for civil cases resolved prior to trial may not be reported to the court or may not be publicly available.”

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