Texas Accident & Injury News
Accidents involving serious injury can be just as damaging to the victim’s emotional well-being.
Passenger Sues Unify Aviation Over Witnessing Employee Suicide
According to a San Antonio Express-News report, a passenger who was on the Delta Airlines flight where David Renner committed suicide is suing his estate and his former employer for over $1 Million in damages.
The passenger said in her suit that she had a clear view of the gruesome scene where David Renner threw himself into the plane engine and is suing his estate for intentional infliction of emotional distress. She is also seeking damages from his former employer, Unify Aviation, for negligence in hiring, supervising, and retaining Renner and for violations of the Deceptive Trade Practices Act. The company asserts that the claims have no merit and that they intend to zealously defend themselves in court.
Did You Know?
Anxiety, PTSD, and Depression are all common mental reactions people can experience after being in or witnessing a serious auto accident.
Suing For Emotional Distress After a Texas Auto Accident
After an auto accident, people first prioritize making sure no one needs medical attention for physical injuries, and that’s a good thing. However, it is equally as important to take care of your emotional well-being after a serious auto accident.
Depression, anxiety, and PTSD are all very serious and often debilitating conditions you can suffer after an accident, and they can have a serious impact on your life. So, how does the law handle emotional distress in personal injury claims?
Emotional Distress Damages in Personal Injury Claims
Emotional distress is one of the types of damages you can claim in a personal injury suit after an accident. There are two types of emotional distress claims:
- Intentional Infliction of Emotional Distress – This occurs when an individual intentionally inflicts emotional harm to another individual and is very rare in auto accident cases.
- Negligent Infliction of Emotional Distress – If the defendant commits an unintentional act that inflicts emotional harm to another, that is considered negligence.
The individual does not have to be the one who was injured to claim emotional distress. If a parent loses a child in an accident because a drunk driver killed them, the parent may claim emotional distress.
How to Prove Emotional Distress in Texas Courts
While attitudes regarding mental health have majorly shifted recently, it is still critical for your claim that you properly document your emotional distress. This can be done through:
- Medical Records – seeing a mental health professional within 3 weeks of your accident to diagnose your condition is incredibly helpful for your claim.
- Documented Perscriptions – If you are prescribed medication for your condition, proper documentation will help support your claim in court.
- Witness Testimony – Family members, friends, co-workers, and doctors can all testify to how the accident impacted your life. This can prove very helpful in supporting your claim in Texas courts.
Do I Need an Attorney?
If you are considering filing a personal injury claim after an auto accident, talk to an experienced personal injury attorney first. This is the best way to ensure that you get the TOTAL amount of compensation you are legally entitled to.
Hire Carabin Shaw Personal Injury Attorneys
If you were injured physically and mentally in an auto accident in San Antonio or the surrounding area, contact the Carabin Shaw law firm today. We have 30 years of experience representing the injured across Texas for 30 years, and we care about our clients. Contact our attorneys today at 800-862-1260 or via the live chat bubble on the right of your screen to get started.