Can I Receive Emotional Compensation for Property Damage in Texas?
Ron Glaser | Oct 8, 2024
For many people, their home is their sanctuary, a cherished place they associate with emotions, memories, and life experiences. When disaster threatens our home or displaces us from it entirely, it's only natural that homeowners experience the overwhelming anxiety and stress that come from being unsettled. For Texans, it's important to understand the legal frameworks surrounding homeowners insurance and the potential emotional distress that can occur.
Compensation for Emotional Distress
In legal terms, emotional distress is defined as “mental suffering as an emotional response to an experience that arises from the effect or memory of a particular event, occurrence, pattern of events or condition.” So, what does that look like? Emotional distress can manifest in any or several of the following ways:
- Anxiety
- Depression
- Post-traumatic stress disorder (PTSD)
- Panic attacks
- Obsessive-compulsive disorder (OCD)
- Bipolar disorder
- Eating disorders
- Substance abuse
- Insomnia
- Mood swings
- Anger or irritability
- Social isolation
- Self-harm
- Suicidal thoughts
Texas Law and Suing for Emotional Damages
As of right now, Texas law doesn’t allow monetary compensation for emotional distress resulting from property damage. Emotional harm is considered too speculative and subjective to quantify in monetary terms when related solely to property damage. Texas’ legal system prioritizes tangible, measurable losses over emotional or psychological harm in such cases. The reasoning is that property damage, unlike personal injury, does not typically result in the kind of severe emotional impact that would justify compensation. Therefore, unless the emotional distress is tied to a more significant personal injury or a specific legal exception, Texas courts focus on compensating for the direct economic impact of the property damage rather than emotional distress claims.
Although you can sue for emotional distress in incidences outside of property damage, Texas courts are sensitive to establishing a connection between a clear act of violence and emotional trauma suffered. You may have a much harder time with your case for acts of negligence that lead to emotional suffering. An example of negligence causing emotional distress might be a bystander witnessing a violent car accident who wasn’t physically harmed but rather emotionally disturbed by witnessing the event occur.
What Homeowners CAN Receive Compensation for
Property Damage Repair: Property damage can occur by accident or act of nature. If by act of nature, you’ll likely be able to seek out compensation for repairs from your homeowner’s insurance. The amount of money you can expect to get from your insurance company in cases of property damage repair is just that: the amount it costs to repair the damage. If the property damage that occurs is a result of a non-natural disaster event, you may want to consider bringing your case to small claims court. Examples of these non-natural disaster events might be if a city-owned sewage pipe breaks and floods your yard.
Replacement Value: If the type of property damage you’re dealing with means your home is destroyed beyond repair, you’ll be looking at a different kind of compensation. Compared to repair cost, which covers only the cost of repairs, replacement value cost compensates for the cost of a totally new item. This is ideal for homeowners because, unlike repair value, replacement value does not account for depreciation, meaning you get more bang for your buck.
Actual Financial Losses: You may also be able to receive compensation for financial loss beyond just the property damage. If you have a solid case for it, you may be able to receive money for the costs incurred while your property was rendered unusable. An example of this would be if a store floods, and the property owner has to close the doors, they can make a case for compensation owed on the revenue they would have made had the store been open.
Insurance Claims Process & Coverage: First and foremost, if the property damage results from a crime (vandalism or theft, for example), you should report the incident to your local authorities. Then, immediately capture photos or videos of the damage for evidence. Next, call your insurance company, and they will guide you through the rest of the process. If your claim is underpaid, flat-out denied, or if you suspect foul play on your insurance company's end, seek help from an experienced claims dispute attorney. Most operate on a contingency basis, which means they only get paid when or if the claim is approved, so you really have nothing to lose by getting them involved.
