Can You Sue Your Ex for Emotional Distress in Texas?
It’s not unusual for private anguish in a marriage to come out during divorce proceedings. When a harmful relationship ends, you might wonder if you can sue an ex for emotional distress in Texas.
For answers tailored to your situation, consult with qualified divorce attorneys in Texas who have experience with cases like yours. The board-certified attorneys at Mims Ballew Hollingsworth (MBH) can explain your legal options when emotional distress plays a role in your divorce. Here’s what you should know before taking the next steps.
Understanding Emotional Distress Claims in Texas
Emotional distress is a form of mental suffering or anguish related to an event, a pattern of events, or memories of events that result in negative psychological responses.
Signs of emotional distress could include:
- Anxiety
- Depression
- Physical illness
- Emotional exhaustion (inability to cope and perform tasks)
The law recognizes two forms of emotional distress: intentional infliction of emotional distress (IIED) and negligent infliction of emotional distress (NIED).
Because emotional distress is subjective, seeking mental anguish damages in Texas can be a challenge. A qualified attorney understands the high bar required to prove these charges and determine if you have a case.
Intentional Infliction of Emotional Distress
It can be very difficult to be successful in court when bringing a charge of IIED against a former spouse. Successful cases of IIED are those that prove the ex-spouse acted in an extreme manner that was intentional, reckless, extreme, and outrageous, outside the bounds of normal decency, and these actions caused emotional harm that has adversely affected your mental health.
Instances of IIED could include:
- Verbal abuse and threats
- Physical abuse
- Psychological abuse
- Alienation from your children
Perhaps the most important Texas case involving IIED was Twyman v. Twyman. It centered on the divorce proceedings of William E. and Sheila Kay Twyman, who married in 1969 and filed for divorce in 1985.
Sheila amended the divorce petition to include emotional harm, claiming that William frequently attempted to coerce her into participating in certain acts against her will, saying that this was the only way to save their marriage. He did this despite knowing that such activities were a source of fear for her as a result of a sexual assault she experienced before their marriage.
The court awarded Sheila $15,000 plus interest for her emotional distress claim. This landmark case was the first to recognize intentional infliction of emotional distress in Texas as a cause of action within divorce proceedings.
Evidence You Need to Prove Your Claim
When you sue an ex for emotional distress in Texas, you must provide evidence to back up your claim. This could include medical records or therapy notes from a mental health professional.
Journals documenting physical or emotional abuse can help establish a pattern of events. Family members and friends who have witnessed abuse may provide testimony. Video footage may also be allowed if it can be authenticated and doesn’t violate privacy laws.
Statute of Limitations & Procedural Requirements
According to the Texas Civil Practice and Remedies Code §16.003, you have two years from the date the event occurred to file a claim for emotional distress. This is the same deadline as other personal injury cases. In Texas, both divorce cases and emotional distress cases are generally filed in district court.
Calculating Damages for Emotional Distress
Emotional distress is subjective, so an emotional damage lawsuit in Texas seeks non-economic damages. Except in cases of medical malpractice, there is no set limit on awards related to emotional distress in personal injury claims.
In the case of Twyman v. Twyman, the award for emotional distress was $15,000. However, this does not indicate what your case might be worth. Awards vary based on the conduct of the offending spouse, the severity of physical or emotional harm, and the evidence presented.
Common Pitfalls & How to Avoid Them
Among the most common hurdles with emotional distress claims are proving negligence and showing that severe emotional harm was foreseeable. Other pitfalls include making a claim without proper legal grounds or supplying insufficient evidence to show the severity of mental anguish.
An experienced attorney can look for potential weaknesses in your case.
How to Strengthen Your Case
Before you sue an ex for emotional distress in Texas, you need a strong case. Consult with a qualified lawyer to discuss strategies and make sure you don’t exceed the statute of limitations.
From there, you must gather all the evidence you can to support your claim. Qualified expert witnesses like medical professionals, therapists, and forensic psychiatrists could also strengthen your case.
Why Choose Mims Ballew Hollingsworth for Your Emotional Distress Claim?
The qualified team at MBH includes four board-certified family law attorneys and over 100 years of combined experience. Our commitment to collaboration and a custom-tailored approach to each case means that you’ll receive the exceptional legal support and compassionate care you deserve.
FAQ about Suing for Infliction of Emotional Distress
What Is the Difference Between Negligent Infliction and Intentional Infliction of Emotional Distress in Texas?
Claims of intentional infliction of emotional distress require proof of severe emotional distress as a direct result of intentional, reckless, extreme, and outrageous behavior by another. Negligent infliction of emotional distress is also severe, but it must be the result of a physical injury.
Can Emotional Distress Be Claimed Without a Physical Injury?
Yes, in cases of intentional infliction of emotional distress, no physical injury is necessary.
What Evidence Is Needed to Prove Emotional Distress?
You may prove emotional distress with evidence like medical records, therapy notes, witness statements, or video evidence.
How Long Do I Have to File an Emotional Distress Claim in Texas?
You have two years from the date of the incident to file a claim for emotional distress.
What Damages Can Be Recovered in an Emotional Distress Lawsuit?
Emotional distress is subjective and eligible for non-economic damages. The amount awarded could vary based on the offender’s conduct, the severity of harm, and the strength of the evidence.
Don’t Let Your Ex Get Away With Causing Emotional Distress
Mental and emotional damage may not get the same attention as physical harm, but that doesn’t mean you don’t deserve justice. Whether your spouse has intentionally or negligently inflicted emotional distress that are the result of a physical injury, our experienced family law attorneys can work with you to gather evidence and build a strong case for compensation during or after divorce.
Contact Mims Ballew Hollingsworth today for a no-obligation consultation to discuss your emotional distress claim. Schedule a consultation now.
