Texas Personal Injury Articles & Resources – HLAW

Waiting for the Insurance Company to ‘Do the Right Thing’? Your Rights and Legal Options in Texas

Insurance claims should settle problems — not create new ones. When claims drag or are denied, the stress and bills can pile up quickly. This guide explains why insurers delay claims, what “bad faith” means in Texas, and the practical legal steps you can take to protect your rights. We’ll also outline the types of recovery that may be available and how Howard Lotspeich Alexander and Williams, PLLC (HLAW) can stand with you through the process.

What Causes Insurance Claim Delays in Texas — and How They Hurt You

Delays happen for many reasons, and they often leave people with mounting expenses and uncertainty. Knowing the common causes helps you respond more effectively and avoid unnecessary setbacks.

Common Delay Tactics Used by Insurers — What to Watch For

Insurers sometimes slow claims by asking for excessive records, stretching out investigations, or losing paperwork. They might repeatedly request the same medical records or ask for additional proof of loss to buy time. Recognizing these tactics lets you push back and keep your claim moving.

Financial and Emotional Impact on Personal Injury Claimants

Slow claims can force you to cover medical bills, miss work, and dip into savings while you wait. The uncertainty also creates stress that affects recovery and daily life. Understanding the real costs of delay makes it easier to document damages and seek appropriate relief.

What Is Bad Faith Insurance in Texas — and How Do You Spot It?

“Bad faith” describes an insurer’s unfair or unreasonable behavior toward a policyholder. Spotting it early can be crucial to protecting your rights and pursuing a remedy.

How Texas Law Defines Bad Faith Insurance

Under Texas law, bad faith generally means an insurer failed to act in good faith or deal fairly with a policyholder. That can include unreasonable delays, denying valid claims without a reasonable basis, or failing to perform a proper investigation. Texas statutes and case law give policyholders tools to challenge these practices when they occur.

Real-World Examples of Bad Faith Conduct

Bad faith can look like denying a claim on a tenuous technicality, ignoring a claimant’s calls, or failing to explain why a claim was refused. If an insurer denies a car-accident claim without a thorough investigation, that conduct may cross the line into bad faith. Identifying these patterns helps build a stronger case.

What Legal Rights Do You Have When a Claim Is Delayed or Denied in Texas?

If your insurer delays or denies your claim, Texas law offers protections and potential remedies. Knowing these rights helps you decide the best next steps.

Key Texas Statutes That Protect Policyholders

The Texas Insurance Code requires insurers to handle claims fairly and within set timeframes. When carriers ignore those duties, policyholders may have grounds for complaints or lawsuits. Understanding these statutes gives you a foundation for asserting your rights and seeking recovery.

These laws are the legal basis you can use to challenge unfair insurer conduct and pursue relief.

How the Texas Civil Practice and Remedies Code Helps in Insurance Disputes

The Texas Civil Practice and Remedies Code supplies additional tools for pursuing claims against insurers, including the ability to recover certain damages and attorneys’ fees in appropriate cases. Familiarity with this code helps you and your lawyer frame the correct legal theory when challenging insurer misconduct.

How Can You Take Action Against an Insurance Company for Delayed Payment in Texas?

If you’re facing an unwarranted delay, there are practical steps you can take to push your claim forward and protect your legal options.

How to File a Complaint with the Texas Department of Insurance

Filing a complaint with the Texas Department of Insurance (TDI) is a constructive first step. TDI oversees insurer conduct and can investigate consumer complaints. Before filing, collect your policy documents, claim numbers, and all correspondence with the carrier. A formal complaint can prompt TDI review and may speed a resolution.

Complaints to TDI often flag violations of the rules designed to stop improper delays.

When It May Be Time to Sue Your Insurance Company for Bad Faith

If an insurer continues to delay or denies a valid claim without justification, legal action may be necessary. A bad faith suit requires proof that the carrier acted unreasonably or breached its contractual duties. Consulting with an experienced attorney will help you evaluate the evidence and determine if litigation is appropriate.

What Compensation Can You Seek for Insurance Claim Delays in Texas?

Knowing the possible forms of recovery helps you and your lawyer set realistic expectations and document the losses you’ve suffered.

Damages Available in Bad Faith Insurance Cases

In a bad faith case, you may seek compensatory damages for out-of-pocket losses such as medical bills and lost wages caused by the delay. In certain cases, punitive damages are also available to punish particularly egregious conduct, though these require clear and convincing proof of malice or gross negligence. Emotional distress claims are limited under Texas law and are evaluated on a case-by-case basis.

Punitive damages can deter future wrongdoing by insurers when extreme misconduct is proven.

How a Fort Worth Personal Injury Lawyer Can Improve Your Settlement

A Fort Worth personal injury lawyer brings experience with both insurance practices and litigation strategy. An attorney can collect evidence, communicate with the insurer, and, when necessary, file suit to seek full compensation. That advocacy often results in stronger settlements and protects your rights throughout the claim process.

Why Choose Howard Lotspeich Alexander and Williams, PLLC (HLAW) for Your Insurance Dispute?

Insurance disputes are stressful and legally complex. Our firm focuses on helping Texans hold insurers accountable and recover what they are owed. We combine legal experience with practical advocacy to protect our clients’ interests at every step.

Our Experience in Texas Personal Injury and Insurance Law

We provide clear legal advice, strategic representation, and hands-on support for clients facing insurance disputes. With experience in bad faith and personal injury matters, we know how Texas law applies and how to press for fair outcomes. Our goal is straightforward: protect your rights and pursue the recovery you need.

Client Results and a Free Case Review

We’ve helped many clients obtain favorable results against insurers that improperly delayed or denied claims. We offer a free consultation to review your situation and explain your options. Choosing Howard Lotspeich Alexander and Williams, PLLC means partnering with a dedicated legal team focused on results.

Frequently Asked Questions

What should I do if my insurance claim is denied?

Start by reading the denial letter carefully to learn the insurer’s reasons. Gather supporting documents — medical records, bills, photos, and communications — and ask the carrier for clarification in writing. If the denial still seems wrongful, contact an attorney who handles insurance disputes to review your options and decide whether to appeal, file a complaint with TDI, or pursue litigation.

How long does an insurance company have to respond to a claim in Texas?

Texas rules generally require insurers to acknowledge a claim within 15 days and to accept or reject it within 30 days, unless more information is requested. Missing these deadlines can trigger penalties under the Texas Prompt Payment of Claims Act. Exact timelines can vary by claim type and circumstances, so consult the statute or an attorney for specifics.

Can I file a lawsuit against my insurance company for delays?

Yes. If an insurer unreasonably delays or denies a valid claim, you may have a cause of action under Texas law. To succeed, you’ll need to show the carrier failed to meet its obligations without a reasonable basis. An attorney can help assess the strength of your case and guide you through the litigation process if needed.

What evidence do I need to prove bad faith insurance practices?

Useful evidence includes written communications with the insurer, records of repeated delay or denial, medical and financial documentation showing your losses, and any internal insurer documents you can obtain. Witness statements or expert opinions can also strengthen a bad faith claim. A lawyer can help gather and organize the evidence you need to build a compelling case.

What are the potential outcomes of a bad faith insurance lawsuit?

Outcomes vary by case. Successful claims can result in compensatory damages for actual losses, recovery of attorneys’ fees in certain situations, and, when misconduct is especially egregious, punitive damages. Each case depends on the evidence and legal theory, so outcomes are evaluated on an individual basis.

How can I expedite my insurance claim process?

Provide complete and accurate documentation quickly, follow up regularly with the adjuster, and keep detailed records of all communications. If the carrier stalls, file a complaint with the Texas Department of Insurance and consider consulting an attorney who can press the claim and, if necessary, take legal action to move things forward.

Conclusion

You don’t have to wait in silence while an insurer delays or denies a legitimate claim. Know your rights, document your losses, and use the legal tools Texas provides. If you need help, Howard Lotspeich Alexander and Williams, PLLC (HLAW) can review your case, explain your options, and take action to pursue the compensation you deserve.Contact us to start your free consultation and protect your interests.

Don’t let a catchy slogan cost you thousands. While ‘Settlement Mill’ firms spend millions on billboards to process volume, true trial lawyers focus on maximizing value in the courtroom.

They promise “Easy Money” and shout from every billboard on I-35. But behind the marketing budget lies a high-volume factory model that insurance companies have learned to exploit. Here is the in-depth reality of why the lawyer you see the most is often the one the insurance company fears the least.

If you live in Dallas-Fort Worth, you cannot escape them. The “Strong Arms.” The “Hammers.” The catchy jingles promising instant checks and aggressive representation.

When you are injured, in pain, and watching medical bills pile up, these advertisements are designed to trigger a psychological response: relief.They promise a fast, easy solution to a complex problem.

But before you dial that 1-800 number, you need to understand the business mechanics behind those ads. You are not just hiring a lawyer; you are entering a business ecosystem known in the legal industry as a “Settlement Mill.”

Hiring a firm based on a billboard is often the single most profitable thing you can do— for the insurance company.

The Economics of the “Settlement Mill”

To understand why these firms often deliver lower results, you have to look at their balance sheet.

Marketing on television and billboards in a major metroplex like DFW costs millions of dollars per month. To cover that massive overhead, these firms require one thing above all else: Volume.

They cannot survive by handling 50 cases a year with extreme care and precision. They need to sign up 500, 1,000, or 2,000 cases a year to pay their advertising bills.

This creates a factory mentality:

• The Intake Floor:When you call, you are rarely speaking to a lawyer. You are speaking to a call center trained to sign you up immediately.
• The Conveyor Belt:Once signed, your case enters a queue. To keep the lights on, the firm needs to move your case from “Open” to “Settled” as fast as possible.
• The Conflict:Taking a case to trial takes time (often 12-18 months or more) and costs money. Settling a case takes 90 days. For a volume firm, a quick settlement of $15,000 is often more profitable for themthan fighting for two years to get you $100,000.

The “Case Manager” Reality

The most common complaint we hear from clients who fire billboard or television commercial firms to hire HLAW is simple: “I never met my attorney.”

In the Settlement Mill model, attorneys are expensive. To maximize profit, these firms assign your case to a “Case Manager” or “Pre-Litigation Specialist.” These are often non-lawyers with no legal degree. Their job is to gather your medical records and process your claim like data entry.

At Howard Lotspeich Alexander & Williams (HLAW), we reject this model. Our partners are former prosecutors and local attorneys with well over a decade of courtroom and trial experience. When you hire us, you get us.We believe that strategic legal decisions should be made by trial lawyers, not administrative staff.

The “Colossus” Factor: How Insurance Companies Profile Your Lawyer

This is the secret the industry tries to keep quiet: Insurance companies use AI and data profiling to value your case.

Major carriers like Allstate, State Farm, and Geico use evaluation software (such as Colossus) to determine how much to offer you. One of the most heavily weighted inputs in that algorithm is the identity of your lawyer.

The insurance industry maintains vast historical data on law firms. They know exactly which firms:

1. File lawsuits:(The firms that fight).
2. Settle pre-litigation:(The firms that fold).

If you hire a billboard lawyer who settles 99% of their cases without ever filing a lawsuit, the software flags your claim as “Low Risk.” The computer knows there is no threat of a jury verdict, so it spits out a “Lowball” offer range.

Conversely, when an adjuster sees HLAWon the letterhead, the risk profile changes. They see a firm led by serious litigators who are comfortable in a courtroom. To avoid the cost and risk of a trial, the software—and the adjuster—are forced to increase the offer.

The Missing Weapon: The StowersDoctrine

Texas law provides a powerful weapon for injury victims called the StowersDoctrine.

In simple terms, a Stowersdemand forces an insurance company to pay their policy limits now, or risk being on the hook for the entirejury verdict later (even if it exceeds the policy). It is the ultimate pressure tactic.

But a Stowersdemand is a bluff unless you can back it up.

If a Settlement Mill sends a Stowersdemand, the insurance company often laughs it off. They know that firm has no intention of going to trial. They know that if they say “no,” the billboard lawyer will likely just convince the client to take the lower amount.

At HLAW, our Stowersdemands have teeth. We prepare every case as if it is going to trial. We take depositions. We hire experts. We build the pressure until the insurance company realizes that paying you fairly is their only safe option.

The “Litigation Gap”

Here is a scenario that happens every day in Fort Worth: A client hires a TV lawyer. The insurance company denies liability or makes a tiny offer. Because the TV lawyer relies on “easy” settlements, they don’t want to do the hard work of filing a lawsuit.

So, they drop the client. They send a letter saying, “We can no longer represent you.”

Now, the client has lost months of time and has to start over. At HLAW, we are Battle-Tested Trial Lawyers. We don’t cherry-pick only the easy cases. If the insurance company refuses to be fair, we don’t drop you—we sue them.

Don’t Be a Statistic. Be a Priority.

Marketing is not the same as legal ability. A catchy jingle doesn’t scare a billion-dollar insurance corporation. A billboard doesn’t win a cross-examination.

Your injury settlement is likely the only compensation you will ever receive for your pain, your surgery, and your lost future wages. Do not entrust that financial lifeline to a firm that views you as a unit of inventory.

Choose the firm that insurance companies respect—and take seriously.

Contact HLAWtoday for a free consultation and case evaluation. We don’t need billboards to tell you who we are. We let our results in the courtroom do the talking.

Navigating the maze of orange barrels in Dallas-Fort Worth: When confusion leads to a crash, proving liability often requires looking beyond the driver to the construction company itself.

If you live in Keller or commute through Fort Worth, you know the reality: the orange barrels seem permanent. Whether it is the massive widening projects along I-30 from Linkcrest Drive to I-820, or the perpetual “North Tarrant Express” updates on I-35W, Tarrant County drivers are constantly navigating a shifting maze of concrete barriers.

But here is the hard truth that many drivers overlook: Construction zones do not just cause traffic; they actively create hazards.

When a crash happens in these confused, narrow chutes of highway, the default assumption is “driver error.” The police report might simply say “Failure to Control Speed.” However, as experienced attorneys, we know that in many cases, the road designwas the true culprit.

If you were injured because a construction company created a “trap” on the roadway, who is responsible? The answer lies in a complex intersection of engineering standards and Texas law.

The Anatomy of a “Construction Negligence” Case

It is not enough to say the road was confusing. To win a personal injury claim involving road construction, we must prove that the setup violated the Standard of Care.

In Texas, construction companies are bound by specific safety protocols, usually outlined in the Texas Manual on Uniform Traffic Control Devices (TMUTCD).

Common violations we see in Fort Worth include:

The “Ghost Lane” Phenomenon

When traffic is shifted to a new pavement section, the old white lines must be completely obliterated. Often, contractors do a poor job of grinding them off. When it rains or the sun hits at a certain angle (glare), the old lines reappear. If you drifted into a car because you were following what looked like a valid lane, that is a failure of the contractor’s duty to warn.

The “Edge Drop-Off” Hazard

During widening projects (like on I-30), contractors often leave a significant drop-off between the paved lane and the shoulder. If a wheel slips off the edge, a driver’s natural reaction is to jerk the steering wheel back, often causing a rollover or a crossover head-on collision. If that drop-off was not properly marked or shielded with barriers, the contractor may be liable.

Inadequate Signage Spacing

The TMUTCD mandates exactly how far in advance a “Right Lane Closed” sign must be placed based on the speed limit. If the speed limit is 65 MPH but they placed the warning sign only 100 feet before the taper, they effectively deprived you of the reaction time needed to merge safely.

The Legal Hurdle: Sovereign Immunity vs. Private Liability

This is the most critical legal concept for victims to understand.

The Government (TxDOT):Under the doctrine of Sovereign Immunity, the government is generally immune from lawsuits. You generally cannot sue TxDOT for a design decision they made years ago.

The Private Contractor:TxDOT hires private consortiums and construction firms to execute the work. These private companies do not enjoy the same immunity.If a private contractor deviates from the approved Traffic Control Plan (TCP)—for example, if the plan said “place barrels every 20 feet” and they placed them every 50 feet—they can be sued for negligence.

• The “Derivative Immunity” Defense:Contractors often try to argue, “We were just doing what TxDOT told us to do.”
• How We Defeat It:We subpoena the daily logs and inspection reports. If we can prove the contractor cut corners, ignored the blueprints, or failed to fix a known hazard (like a pothole or missing sign) within a reasonable time, they lose that protection.

The “Proportionate Responsibility” Trap

Insurance adjusters love construction zone accidents because they are chaotic. Their favorite tactic in Texas is to use the Modified Comparative Negligencerule (the “51% Bar”).

They will argue: “Sure, the lane lines were confusing, but you were driving 5 MPH over the work-zone speed limit. Therefore, you are more than 50% at fault, and we owe you nothing.”

In a construction zone case, fighting this percentage is everything. We counter this by hiring accident reconstruction experts who can prove that no reasonable drivercould have navigated that hazard safely, regardless of a minor speed variance. We shift the focus from your driving to the inevitabilityof the crash caused by the trap they set.

The Investigation: What We Look For

If you hire a generalist lawyer, they might just pull the police report. At Howard Lotspeich Alexander & Williams (HLAW), we dig much deeper for construction-specific evidence:

1. The Traffic Control Plan (TCP):The literal blueprint of where every cone and sign shouldhave been. We compare this to photos of where they actually were.
2. The Contractor’s Daily Logs:Site superintendents must keep logs of work performed and inspections made. Did they check the signs that morning? Did they note that a barrier had been knocked over but fail to fix it?
3. 311 and TxDOT Complaint Logs:Often, other drivers have reported the exact same hazard days before your crash. If the contractor knew about the danger and ignored it, that moves the case from simple negligence to potentially gross negligence.
4. Body Cam & Dash Cam Footage:Police body cams often capture the officer complaining about the confusing road setup. This is powerful jury evidence.

Steps to Protect Your Claim Immediately

Construction zones change daily. The evidence that exists today will be paved over tomorrow.

• Take Wide-Angle Photos:Don’t just photograph the damage to your car. Photograph the approach to the crash site. We need to see what the signs looked like beforeyou hit the hazard.
• Check for Witnesses:Did other drivers stop? Ask them if they found the lane configuration confusing.
• Preserve Your Vehicle:If the crash was caused by a mechanical failure due to road debris or a drop-off, the physical damage to your tires and suspension is evidence. Do not let the insurance company salvage the car until we have inspected it.

Why Local Representation Matters

Navigating a claim against a major construction consortium is not a DIY project. These companies have teams of lawyers whose sole job is to blame the driver.

You need a firm that understands both the Criminal (traffic citations) and Civil (injury) sides of the law to protect your rights fully. If you or a loved one has been injured in a confusing construction zone in Keller or Fort Worth, don’t assume it was just “bad luck.”

[Contact HLAW Today for a Case Evaluation]

Let our team investigate if a failure in the road design turned your commute into a crisis.

Wrong-way and hit-and-run crashes on Texas highways cause serious injuries and complex legal cases for victims and families.

Wrong-way and hit-and-run crashesremain one of the most devastating and legally complex forms of motor vehicleaccidentsin Texas. According to the Texas Department of Transportation (TxDOT), wrong-way crashes, though less frequent, are disproportionately fatal, often involving impaired drivers and occurring at night. Hit-and-run incidents, conversely, are far more common, with thousands reported annually across the state, leaving victims without immediate recourse. Recent high-profile cases on major interstates continueto spotlight the lasting impacts on victims—making legalknowledge and strategic recourse essential for individuals and families seeking justice.

What Are Wrong-Way and Hit-and-Run Crashes?

Wrong-way collisions frequently occur at night or on busy highways, often due to impaired driving, driver fatigue, or confusion at exit/entrance ramps. These incidents carry a significantly higher fatality rate compared to other types of crashes. For instance, the Katy Freeway incident where a BMW driving against traffic struck a Cybertruckand caused a multi-vehiclepileup, resulting in fatalities and severe injuries, exemplifies the tragic results. Such events ignite media attention not just for their immediate harm, but also because they often raise questions of criminal intent, intoxication, and liability—none of which may be clear from the outset, as seen in ongoing investigations into why drivers were heading the wrong direction on Texas highways.

Hit-and-run accidents, meanwhile, occur when drivers flee the crash scene, leaving injured victims stranded and complicating both civil and criminal cases. According to the National Highway Traffic Safety Administration (NHTSA), hit-and-run fatalities have been on the rise nationally.In Texas, thousands of hit-and-run incidents are reported annually, ranging from minor property damage to severe injuryor death. Recent local news reportsunderscore how often these cases happen on interstates in the Dallas-Fort Worth region, with ongoing policeinvestigations and a community working to identify and hold offenders accountable for their actions.

Texas Statutes and Legal Duties

Fault, Comparative Negligence, and Insurance

Victim Compensation and Wrongful Death

Newsworthy Case Links and Narrative Integration

Texas Law in Practice: Maximizing Victim Recourse

Supporting Citations and In-Depth Resources

Don’t Wait—Protect Your Rights After an Accident

If you or a loved one has been involved in a wrong-way or hit-and-run accidentin Texas, don’t face the aftermath alone. Our experienced team at HLAW is dedicated to protecting your rights and guiding you through every step of the process. We offer free, no-obligation case evaluations and consultations—so you can understand your options without any upfront cost. And you never pay us unless we win compensationfor you. Take control of your recovery today and contact Howard Lotspeich Alexander & Williams, PLLC to get the justice you deserve.

About the Author

The unseen impact: Psychological injuries often follow physical trauma.

Emotional distress and PTSD are real injuries after Texas car accidents—know your rights under 2025 law.

Car accidents don’t just leave visible wounds. For thousands of Texans each year, the problems begin long after bones have mended and bruises faded. Psychological injuries—like post-traumatic stress disorder (PTSD), anxiety, depression, insomnia, and crippling fear—are among the most overlooked and hardest-fought elements of any personal injury claim. Yet Texas law allows victims to be compensated for these “invisible injuries,” so long as they’re properly documented and presented.

Defining Emotional Distress and PTSD Under Texas Law

What Is Emotional Distress?

In Texas, emotional distress is legally described as “mental anguish,” which the Texas Civil Practice & Remedies Code § 41.001(12) defines as “a high degree of mental pain and distress” accompanying or following a traumatic event. Unlike casual or passing sadness, real mental anguish creates a substantial disruption in a person’s routine, affecting work, relationships, and enjoyment of life.

Common symptoms include:

• PTSD
• Anxiety, panic attacks
• Major depressive disorder
• Extreme fear of riding or driving
• Nightmares and sleep disorders
• Withdrawal from social and family activities
• Physical manifestations (headaches, nausea, heart palpitations)

The Distinction Between Emotional Distress and Mental Anguish

Though the terms are often used interchangeably, Texas law differentiates them. “Emotional distress” can include everyday psychological effects like fear and stress, while “mental anguish” is more severe, involving symptoms that result in major life changes or chronic suffering.

To succeed in a mental anguish claim, it’s not enough to prove you were worried or sad. Plaintiffs must show a profound and lasting disruption to their way of life, backed by evidence.

Relevant Texas Statutes and Case Law

Statutory Authority

• Texas Civil Practice & Remedies Code § 41.001(12): Defines “mental anguish.”
• Section 16.003: Establishes the two-year statute of limitations for claims resulting from personal injury—including emotional distress.
• Section 41.003: Allows punitive damages for claims involving gross negligence or intentional harm, including severe psychological injury.

Foundational Texas Case Law

Texas courts have consistently required proof that emotional distress is genuine, severe, and sustained. Some landmark precedents include:

• Moore v. Lillebo (722 S.W.2d 683, Tex. 1986): Mental anguish damages must stem from negligent conduct directly impacting the plaintiff.
• Parkway Co. v. Woodruff (901 S.W.2d 434, Tex. 1995): Plaintiffs must show both the nature, duration, and severity of mental anguish, establishing a “substantial disruption” in life.
• Boyles v. Kerr (855 S.W.2d 593, Tex. 1993): Clarifies when mental anguish is independently compensable and the types of evidence courts require.

Who Can Recover for Emotional Distress?

The General Rule: Physical Injury Requirement

As a matter of policy, Texas law typically requires a physical injury before non-economic damages (like emotional distress) are available. However, two critical exceptions exist:

• Bystander claims: Immediate family members who witness a loved one’s catastrophic injury or death (see Freeman v. City of Pasadena, 744 S.W.2d 923, Tex. 1988).
• Intentional infliction of emotional distress: When a defendant’s conduct is extreme and outrageous (see Twyman v. Twyman, 855 S.W.2d 619, Tex. 1993).

In most routine car accident claims, some evidence of physical injury—no matter how minor—is necessary to prevail on an emotional distress claim.

Pure Emotional Harm: When the Rule is Relaxed

Where a defendant’s conduct is willfully malicious, or where a plaintiff is a close witness to a traumatic event (such as a parent seeing a child’s injury), Texas courts allow recovery even in the absence of physical harm. However, these cases are rare and face a high evidentiary threshold.

Symptoms and Diagnosis: What to Watch For

Common Psychological Injuries After Texas Car Accidents

• Post-Traumatic Stress Disorder (PTSD): Marked by flashbacks, nightmares, hyper-vigilance, emotional numbness, as diagnosed by the DSM-5 criteria.
• Anxiety and Panic Disorders: Including racing thoughts, sudden fear, avoidance behaviors, uncontrollable worry.
• Depression: Ranging from persistent sadness to loss of motivation, feelings of hopelessness, suicidal thoughts.
• Sleep Disorders: Insomnia, nightmares, frequent waking, sleep avoidance due to fear of reliving the crash.
• Phobias: Especially vehophobia (fear of driving or riding in vehicles).
• Chronic Mood Swings: Irritability, angry outbursts, withdrawal from social connections.

Why Early Detection Is Critical

Unaddressed psychological injuries rarely resolve on their own. In fact,early symptoms can easily be missed, downplayed, or misinterpreted by loved ones or medical providers. Prompt assessment by mental health professionals—psychologists, psychiatrists, licensed counselors—is crucial. Not only does this accelerate healing, it also generates documentation essential for a successful legal claim.

Proving Emotional Distress: The Texas Standard

Evidence Required

Insurance companies—and Texas courts—demand robust proof when it comes to claims for PTSD and emotional harm. Evidence includes:

• Medical records: Therapy notes, diagnoses, treatment plans
• Letters or testimony from licensed therapists or psychiatrists: Establishing a direct connection to the crash
• Prescription records: For anti-anxiety, antidepressant, or sleep medications
• Workplace records: Documenting lost time and diminished performance
• Witness statements: Observations from friends, family, coworkers
• Personal journals: Daily tracking of symptoms, emotional struggles, changes over time
• Objective proof: Missed milestones, changed routines, breakdown in relationships
• Expert testimony: Qualified mental health experts can critically support causation and prognosis.

The “Substantial Disruption” Test

Texas courts are clear: you must prove that emotional distress caused a significant, not trivial, impact on your ability to function. Passing anxiety or occasional fear is not enough. Evidence should relate to:

• Breakdown in family relationships
• Termination or suspension from work
• Inability to perform everyday responsibilities
• Need for extensive and ongoing psychological care
• Documented loss of enjoyment of life.

Specific Texas Statutory Provisions

Civil Practice & Remedies Code

Tex. Civ. Prac. & Rem. Code § 41.001(12) — “Mental Anguish” Defined

“Mental anguish means a relatively high degree of mental pain and distress that is more than mere disappointment, anger, resentment, or embarrassment, although it may include all of these, and is such that it produces a substantial disruption in the daily routine of the plaintiff.”

Tex. Civ. Prac. & Rem. Code § 41.003 — Punitive Damages

Allows for exemplary damages where gross negligence or willful conduct caused psychological or emotional suffering.

Tex. Civ. Prac. & Rem. Code § 16.003 — Statute of Limitations

Sets a two-year limitations period for filing a personal injury claim—including those for emotional and psychological harm.

Types of Damages Recoverable

Economic Damages

• Costs for therapy, counseling, psychiatric evaluation
• Prescription medication (antidepressants, anxiety meds, sleep aids)
• Lost wages due to missed work
• Reduced earning capacity (where psychological injuries are disabling)
• Anticipated future medical/mental health costs.

Non-Economic Damages

• Pain and suffering (including both physical and psychological trauma)
• Loss of enjoyment of life, hobbies, and family interaction
• Loss of consortium (impact on marriage or close relationships)
• Diminished quality of life due to chronic mental health problems
• Damages for disfigurement and the resulting psychological trauma

Punitive Damages

Awarded in claims of extreme recklessness, gross negligence, or intentional infliction of harm. These are rare but important in precedent-setting cases or when the defendant’s conduct shocks the conscience.

Common Hurdles in Psychological Injury Claims

Navigating the common obstacles in psychological injury claims.

1. Delayed Onset of Symptoms

PTSD and related psychological problems may not arise until weeks or months post-accident. This delay allows insurers to argue alternative causes or deny connection to the crash. Consistent, early documentation is crucial to linking the symptoms to the original trauma.

2. Pre-existing Conditions

If you had a history of mental health problems prior to the crash, insurers often try to “blame” your symptoms on those. Under the “eggshell plaintiff” doctrine, Texas still allows compensation for mental anguish if the accident exacerbated a pre-existing condition, but medical and legal evidence becomes even more important.

3. Lack of Objective Evidence

Unlike broken bones, psychological injuries are not easily photographed or scanned on x-rays. That’s why Texas law places a high value on reports from professionals, contemporaneous counseling records, and outside testimonials.

Steps for Building a Strong Claim

1. Early Diagnosis and Documentation

Seek prompt mental health treatment, whether via emergency counseling, therapy, or psychiatric evaluation. Ask your provider to keep detailed notes about the cause and duration of your symptoms, changes in behavior, and prognosis.

2. Maintain Comprehensive Written Records

Personal journals, symptom trackers, and appointment logs can all be admitted as evidence and help substantiate your experience. Encourage family and close friends to provide statements regarding changes noticed since the accident.

3. Engage Qualified Experts

Select a personal injury attorney well-versed in psychological and PTSD claims in Texas. Your legal team should secure testimony from medical experts who can directly link the trauma, even when symptoms are subtle or delayed.

4. Communicate All Symptoms

Be candid and thorough about nightmares, panic attacks, mood swings, and functional impacts, even if they seem minor. “Hidden” injuries form a critical part of your claim.

5. Don’t Let Insurers Minimize Real Suffering

Never accept a settlement without reviewing the true long-term costs—therapy may last years, and trauma may resurface after stressful triggers or events.

Practical Examples and Settlements

Texas verdicts and settlements for PTSD and emotional distress vary widely depending on the severity, documentation, and facts. Substantial recoveries typically occur where:

• A crash leads to lifelong disability and severe PTSD
• The victim is unable to return to work due to panic attacks or depression
• Severe psychological harm disrupts marriage, parenting, or close relationships

Vetted cases and public settlements demonstrate that sustained, well-documented emotional injuries can result in six- and even seven-figure damage awards, especially when supported by expert psychiatric testimony.

Frequently Asked Questions About Emotional Distress Claims

Can I bring a claim if I didn’t see a therapist?

You can file, but without professional documentation or evaluation, success is unlikely. Insurers and courts require medical evidence to establish both severity and causation.

What’s the difference between pain and suffering versus emotional distress?

“Pain and suffering” is a broad term covering all non-economic damages (physical and mental). “Emotional distress” focuses only on the psychological effects.

Does the type of accident matter?

Serious, multi-car, or catastrophic crashes are more likely to result in recognized mental anguish. Proof is still necessary in all cases—minor accidents with severe psychological sequelae must be well-documented.

How long do I have to file?

Under Texas Civil Practice & Remedies Code § 16.003, you have two years from the date of the accident to file suit for emotional and physical injuries.

Statutory and Legal References

• Tex. Civ. Prac. & Rem. Code § 41.001(12): Definition of mental anguish
• Tex. Civ. Prac. & Rem. Code § 41.003: Punitive damages for egregious harms
• Tex. Civ. Prac. & Rem. Code § 16.003: Statute of limitations for injury claims

Conclusion: Why Experienced Legal Guidance Matters

Partnering with an experienced attorney ensures your rights are protected. Emotional trauma is real, lasting, and compensable under Texas law for car accident victims. Successful claims require early intervention, expert diagnosis, thorough documentation, and an experienced personal injury law firm ready to fight for holistic recovery.

Victims shouldn’t let skepticism about “invisible injuries” keep them from pursuing justice. By partnering with a knowledgeable Texas personal injury attorney, you ensure your story is told—and your rights protected—both in settlement talks and, if needed, before a Texas jury.

At HLAW, our attorneys have the experience and knowledge to help you through one of life’s toughest challenges – recovering from an accident and injury that was never your fault. Victims of car wrecks don’t choose to be put in that position, but having compassionate but aggresive representation can help. Contact our office today for a free case evaluation and consultation. We’re here to help you move forward and get the justice you deserve.

Grieving family receives guidance from experienced wrongful death attorneys in Tarrant County.

Securing experienced legal support after a loved one’s wrongful death in Tarrant County demands both compassion and expertise.

In this guide, you will learn who is eligible to file a claim, the critical two‐year deadline under Texas law, the full range of economic and non-economic compensation, how to prove negligence, the distinction between wrongful death and survival actions, a step-by-step overview of the claims process, and why Howard Lotspeich Alexander & Williams, PLLC‘s approach in Fort Worth delivers trusted advocacy. By the end, you will understand both your legal rights under Chapter 71 of the Texas Civil Practice and Remedies Code and how compassionate representation on a contingency-fee basis can help grieving families move forward.

Who Can File a Wrongful Death Claim in Texas?

Only specific close relatives and estate representatives may pursue compensation when negligence or wrongful acts cause a fatality. Eligible parties include the surviving spouse, all children (biological or legally adopted), and parents of the deceased. If none of these immediate family members files within three months of appointment, an appointed executor or administrator of the deceased’s estate may step in, provided no eligible family member objects.

Eligible parties share a direct relationship to the decedent and a legal interest in pursuing damages. Establishing this relationship often requires certified birth, marriage, or adoption records. In rare situations, such as when no spouse, child, or parent survives, the estate representative’s authority becomes paramount, ensuring that the claim proceeds on behalf of all potential beneficiaries.

• Surviving spouse of the deceased
• All children, including legally adopted offspring
• Biological or adoptive parents

These defined roles guarantee that those most affected can seek justice and financial recovery, laying the groundwork for pursuing compensation in subsequent stages.

What Is the Statute of Limitations for Wrongful Death Claims in Texas?

In Texas, wrongful death lawsuits must generally be filed within two years of the date of death. This deadline arises directly from Chapter 16 of the Texas Civil Practice and Remedies Code and applies to all wrongful death claims unless a specific exception intervenes. Missing this two-year cutoff typically bars any legal action, making early consultation with an attorney essential.

Three principal exceptions extend or modify the filing period. First, a minor beneficiary under age 18 may file within two years of turning 18. Second, if the claimant is incapacitated by unsound mind, the two‐year clock does not start until the disability is removed. Third, in “delayed discovery” cases—where the negligent act was not immediately known—the statute may begin on the date the injury was discovered or reasonably should have been discovered.

These extensions guard against unfair dismissal of claims when strict deadlines clash with real-world impediments, ensuring wrongful death actions remain viable under equitable circumstances.

Texas Civil Practice & Remedies Code Chapter 71 for Wrongful Death
Claims brought under Chapter 71 of the Texas Civil Practice and Remedies Code are often complex and require careful consideration of the specific facts and circumstances of each case. 

What Types of Damages Can You Recover in a Texas Wrongful Death Lawsuit?

A Texas wrongful death claim can recover three primary categories of damages: economic, non-economic, and exemplary (punitive). Economic damages compensate measurable financial losses, non-economic damages address emotional harm, and exemplary damages punish particularly reckless or malicious conduct.

Economic damages encompass tangible losses resulting directly from the death. Non-economic damages recognize intangible suffering. Exemplary damages may be awarded when evidence shows gross negligence or willful misconduct. Recovering the full spectrum of compensatory relief requires careful documentation of expenses and emotional impacts, with exemplary awards reserved for truly egregious cases.

Although Texas imposes no general cap on compensatory damages, special limits apply when suing government entities or in certain medical-malpractice scenarios. Understanding each damage type helps grieving families obtain full and fair compensation.

How Do You Prove Negligence in a Tarrant County Wrongful Death Case?

Proving negligence in a wrongful death action requires establishing four elements: duty, breach, causation, and damages. Duty refers to a legal obligation the wrongdoer owed the deceased. Breach demonstrates how the duty was violated. Causation connects the breach directly to the death, and damages quantify the resulting losses.

Compelling evidence often includes official accident or death reports, eyewitness statements, medical records, and expert testimony—such as reconstruction specialists or medical examiners. Documentation of the decedent’s lost earning capacity and family testimony regarding emotional suffering further solidifies the claim. Clear demonstration of each element under Texas law increases the likelihood of a favorable settlement or verdict.

• Official incident or police reports establishing fault.
• Witness affidavits detailing reckless or negligent acts.
• Expert opinions quantifying causation and damages.
• Financial records proving income loss and expenses.

Meticulous preparation of legal filings and evidence collection ensures each negligence element is fully supported, creating a persuasive narrative for compensation.

What Is the Difference Between Wrongful Death and Survival Action in Texas?

Wrongful death and survival actions serve related but distinct purposes under Texas law. A wrongful death claim compensates surviving family members for losses caused by the decedent’s passing. By contrast, a survival action allows the decedent’s estate to recover damages the deceased endured from injury until death.

Wrongful death awards flow to the spouse, children, or parents and address economic and emotional harms to survivors. Survival action proceeds become part of the estate and can include medical expenses and lost wages the decedent incurred before dying. Filing both claims concurrently often maximizes overall recovery by addressing separate harms accruing before and after death.

Understanding these complementary actions allows families and estate representatives to pursue every available remedy under Chapter 71 and Chapter 71A of the Texas Civil Practice and Remedies Code.

What Is the Wrongful Death Claim Process in Tarrant County?

The wrongful death process in Tarrant County begins with preserving key evidence and securing legal counsel. First, families should immediately document accident scenes, collect witness information, and obtain medical and police records. Next, an attorney conducts a thorough investigation to assess liability and damages.

Once the evidence is assembled, the attorney prepares and files a petition in the appropriate Tarrant County district court before the two-year deadline. Discovery follows, during which both sides exchange information. Settlement negotiations or mediation typically occur next, aiming to resolve the claim without trial. If no fair agreement emerges, the case proceeds to a jury trial for final resolution.

• Preserve evidence and contact experienced counsel.
• File petition in Tarrant County district court.
• Engage in discovery and document exchanges.
• Conduct settlement negotiations or mediation.
• Proceed to trial if necessary.

Families can expect periodic status updates, assistance with administrative tasks, and compassionate guidance throughout each phase, ensuring clarity during a challenging time.

Why Choose the HLAW Law Firm for Wrongful Death Cases in Fort Worth?

HLAW Law Firm combines decades of wrongful death expertise with a faith-guided, compassionate approach that honors grieving families. Our attorneys have secured substantial recoveries for Tarrant County clients in vehicle collisions, workplace tragedies, and medical negligence cases. By focusing on personalized service and attentive communication, we guide clients through each legal milestone with empathy and professionalism.

Operating on a contingency-fee basis, HLAW Law Firm ensures that families never face upfront legal costs while pursuing justice. Our local knowledge of Fort Worth courts, relationships with experts, and commitment to ethical advocacy differentiate our firm. Community testimonials consistently highlight our responsiveness, trial-tested skill, and unwavering support during the most difficult periods.

• Experienced trial attorneys with deep Tarrant County roots
• Faith-guided counsel that respects your family’s values
• No-fee-unless-we-win contingency structure

With HLAW Law Firm by your side, you gain both seasoned legal strategy and compassionate guidance tailored to Fort Worth families.

Grieving families deserve both legal skill and heartfelt support when seeking compensation for a wrongful death. By understanding eligibility, deadlines, damages, proof requirements, claim types, and procedural steps, you can confidently pursue justice. When you partner with BHW Law Firm, you secure dedicated advocacy on a contingency-fee basis—so you can focus on healing while we focus on your case.

Contact our firm today for a free case evaluation and consultation.