As a general rule in Texas, you may only file a claim for damages when you yourself sustain a physical injury due to someone else’s negligence. There are, however, certain circumstances where the law has allowed recovery without physical injury. Four examples where you can sue without physical injury include a bystander claim, a spousal claim, a wrongful death beneficiary claim, and a claim for intentional infliction of emotional distress. If you fall into one of these exceptions, you can sue someone for mental anguish even though they did not cause you physical harm.
Bystander Claims
A Bystander claim is a claim brought by an individual who witnesses a severe or horrific injury to a person who is close in both relationship and proximity such that the law allows them to seek compensation for the extreme mental anguish they suffered due to the witnessing of the event. This claim is recognized in some states like Texas in instances where there is a close family relation between the witness and the victim and the witness is closely related to the victim.
Some examples of these types of claims include:
- Landreth v. Reed, 570 S.W.2d 486 (Tex.Civ.App—Texarkana 1978, no writ). A sister was allowed to bring claims for mental anguish after watching her sibling drown due to a nursery worker’s negligence and having watched the attempts at resuscitation.
- Garcia v. San Antonio Hous. Auth., 859 S.W.2d 78 (Tex.App.—San Antonio 1993, no writ). AN Uncle was allowed to bring a bystander claim after rescuing his nephew from a burning building but he had to prove that he was closely related.
However, the harm done must involve a direct family member and it must derive from the harm done by having witnessed the event personally.
Spousal Claims
Spousal ClaimsWhen a spouse suffers a substantial injury, there are certain damages that the non-injured spouse is permitted to claim. Loss of Consortium refers to harm done to the marital relations of the couple. Loss of society and companionship refers to the harm done that affects the injured party’s ability to provide love and emotional support for their spouse. Loss of household services refers to the economic impact of the injured party no longer being able to contribute to the household upkeep.
Wrongful Death Beneficiary Claims
Under the old English Common Law that our law derives from, a cause of action for personal injuries belonged exclusively to the injured victim and did not survive their death. Thus, if you harmed someone, they could sue you, but if you killed them, their claim died with them. Texas, like most states, enacted a Wrongful Death Statute to fix this. The Texas Wrongful Death Statute designates certain individuals other than the deceased who also receive the right to bring a cause of action against the negligent party. Some states differ in who they designate. Texas designates the deceased’s parents, surviving spouse, and surviving children as wrongful death beneficiaries. Notably left out are the siblings of the deceased.
Wrongful death beneficiaries have their own set of damages that the law allows them to recover. A wrongful death lawyer can help you better understand what you might be able to recover. Some are the same as what a spouse may seek for personal injuries. But, they can also seek damages for the loss of spousal support that the surviving spouse expected to receive and damage s resulting from the loss of a loved one.
Intentional Infliction Claims
The Texas Supreme Court has declined to recognize a separate cause of action for the negligent infliction of emotional distress absent a physical injury to spurn it. However, they have recognized that where someone intentionally seeks to cause you emotional distress, you may bring a lawsuit against them for the harm done. You must prove actual harm as well as an intent to cause. The problem with pursuing this cause of action is that insurance policies that commonly cover injuries do not cover intentional acts. Without insurance coverage, you victory is often uncollectible.
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