What is emotional distress in an injury claim?
Emotional distress is the mental side of being harmed: fear, anxiety, depression, nightmares, panic or post-traumatic stress caused by someone else's conduct. In most injury claims it is paid as part of the damages for a physical injury. Texas law calls it mental anguish and requires a high degree of mental pain, more than worry or anxiety.
Last checked November 9, 2026 · Official sources (5)
What does an emotional distress claim look like? An example
Example: a pickup runs a stop sign and T-bones your car. Your collarbone heals in two months, but for a year you shake at intersections, wake up from crash dreams and avoid driving your kids to school. Your counselor's notes and a PTSD diagnosis are the proof. In a settlement, that distress is usually folded into the non-economic part of the injury claim, not billed on its own.
Now change one fact: no one touches you, but you watch from the curb as your child is hit. That is a bystander claim for emotional distress, and states set much stricter rules for it.
Why does emotional distress matter to someone who was hurt?
It can be a large part of what an injury took from you, and it is easy to leave out. Telling your doctor about sleep problems, fear or mood changes, and getting counseling if you need it, creates the records a claim depends on.
It also affects taxes. The IRS treats distress money tied to a physical injury the same as money for the injury itself, but money for distress that does not originate from a physical injury must be included in income.
How do Texas and Arizona handle emotional distress?
| State | Key rule |
|---|---|
| Texas | There is no general duty not to negligently inflict emotional distress; mental anguish is recovered with the breach of some other duty, such as causing a physical injury. |
| Arizona | For a bystander's claim, the shock or mental anguish must be manifested as a physical injury. |
Both states still allow mental anguish damages as part of a physical injury claim. Our full guide covers the separate rules for stand-alone and bystander claims.
Emotional distress vs. pain and suffering
Pain and suffering is the broad label for how an injury hurts, body and mind. Emotional distress is the mental part, and it is sometimes also the name of a separate legal claim, such as intentional or negligent infliction of emotional distress. Adjusters and lawyers often use "mental anguish" for the same idea.
Questions
Can I sue for emotional distress without a physical injury?
Sometimes, but it is much harder. Texas, for example, does not recognize a general claim for negligently causing emotional distress.
Do I need a diagnosis to claim emotional distress?
Not always, but records from a doctor or counselor are strong proof that the distress was real and serious.
Find out if you are owed money.
A free case review. $0 upfront. No fee unless you win.
See if I’m owed moneySources (5)
- Parkway Co. v. Woodruff, 901 S.W.2d 434 (Tex. 1995), checked 2026-11-09. “"a high degree of mental pain and distress" that is "more than mere worry, anxiety, vexation, embarrassment, or anger"”
- Boyles v. Kerr, 855 S.W.2d 593 (Tex. 1993), checked 2026-11-09. “We hold that there is no general duty in Texas not to negligently inflict emotional distress. A claimant may recover mental anguish damages only in connection with defendant's breach of some other legal duty.”
- IRS Publication 4345, checked 2026-11-09. “If the proceeds you receive for emotional distress or mental anguish do not originate from a personal physical injury or physical sickness, you must include them in your income.”
- IRS Publication 4345, checked 2026-11-09. “The proceeds you receive for emotional distress or mental anguish attributable to a personal physical injury or physical sickness are treated the same as proceeds received for Personal physical injuries or physical sickness above.”
- Keck v. Jackson, 122 Ariz. 114 (1979), checked 2026-11-09. “In order for there to be recovery for the tort of negligent infliction of emotional distress, the shock or mental anguish of the plaintiff must be manifested as a physical injury.”