When dealing with emotional distress it can be overwhelming when it’s caused by someone else’s actions or negligence. In Florida, you may be able to sue for damages, but the legal landscape surrounding these claims can be confusing. Whether it’s a traumatic event, workplace harassment, or another situation that’s causing you severe emotional pain, knowing your options is key.
Working with an experienced Florida workers’ compensation attorney can make a big difference in this process, so you know your rights and get the compensation you deserve. In this blog, we’ll explore the types of emotional distress claims in Florida and why having the right lawyer can be the key to your case.
Emotional Distress
Emotional distress is the mental pain or anguish a person suffers as a result of a traumatic event. This can be caused by many things, accidents, medical malpractice, or witnessing a tragedy. In Florida, it is a significant factor in personal injury cases, so it’s important to understand it.
Mental Health
Emotional distress can have a big impact on mental health, often leading to mental anguish such as depression and anxiety. Some people may develop post-traumatic stress disorder (PTSD) after experiencing or witnessing a traumatic event. These mental health issues can disrupt daily life, relationships, work, and overall well-being.
Symptoms
The symptoms are different for everyone. Here are some common ones:
- Depression: Feeling sad, hopeless, and having no interest in activities you used to enjoy.
- Anxiety: Persistent worry or fear that interferes with daily life.
- PTSD: Flashbacks, nightmares, and severe anxiety related to a traumatic event.
- Physical Symptoms: Some people may experience physical symptoms like headaches or fatigue as a result of emotional pain.
Types of Claims
In Florida, individuals seeking compensation for emotional distress can pursue two main types of emotional distress lawsuits: Intentional Infliction and Negligent Infliction, each with different legal standards and requirements.
Intentional Infliction
Intentional infliction of emotional distress occurs when one person’s extreme and outrageous conduct causes another person severe emotional distress. To pursue this type of claim in Florida certain legal requirements must be met.
- Definition and Legal Requirements: The conduct must be intentional or reckless. It must also be so outrageous that it goes beyond the bounds of decency. The victim must show they suffered significant emotional distress as a result.
- Examples of Extreme and Outrageous Conduct: This could include harassment, threats or any behavior that intentionally seeks to cause emotional harm. For example, if someone is being constantly bullied or falsely accused they may have a claim.
Negligent Infliction
Negligent infliction of emotional distress is a type of personal injury claim based on a failure to act with reasonable care and causes emotional harm to another person.
- Definition and Legal Requirements: This claim arises when a negligent act causes emotional distress even if there is no physical injury. The claimant must show the defendant’s negligence caused their emotional suffering.
- Examples of Negligent Acts that Cause Emotional Distress: Common examples are witnessing a traumatic event, such as a serious car accident or being in a situation where someone else’s negligence causes significant emotional trauma. For example, if a bystander witnesses a horrific accident caused by someone else’s careless driving, they may have a claim for their emotional pain.
Proof
Proving emotional distress damages in Florida is tough because emotional pain is not visible like physical injuries. This makes it hard to show the extent of the distress. However, there are several key elements to consider when building your case.
Challenges in Proving Emotional Distress
One of the biggest challenges is the subjective nature of emotional distress. Everyone’s experience is different and what may deeply affect one person may not affect another in the same way. This subjectivity can make courts skeptical, so it’s important to present clear evidence in a personal injury lawsuit.
Medical Records and Personal Testimonies
Medical records are key. Documentation from mental health professionals will give insight into the severity of your condition. Personal testimonies are also powerful. Sharing your story will help show the emotional pain you have suffered.
Witness Statements and Expert Testimonies
Witness statements can help support your claim. Friends, family, or colleagues who have seen your emotional struggles can provide valuable insight. Expert testimony from mental health professionals can also explain the impact of the traumatic event on your mental health.
Courts Consider
When reviewing claims, courts consider several factors. These include the nature of the event and how long the distress has lasted. They also look for physical symptoms that accompany the emotional suffering. Showing a connection between the traumatic event and the emotional pain is key to a claim, and a personal injury lawyer can help you navigate this process.
Florida’s Impact Rule
The Impact Rule is a big part of emotional distress claims in Florida. It requires a claimant must have suffered a physical injury to recover for emotional distress. This means just experiencing emotional pain is not enough to sue. There must be actual physical harm resulting from the event.
Physical Injury Required for Claims
In Florida, the law generally requires a physical injury to accompany any emotional distress claim. This can be injuries from car accidents, slips and falls, or other events that cause physical harm. The law is designed to prevent frivolous claims and ensures emotional distress is tied to a tangible injury.
Exceptions to the Impact Rule for Severe and Intentional Harm
While the Impact Rule is strict there are exceptions. If the emotional distress is from severe and intentional harm a claimant may be able to sue without a physical injury. For example, cases of intentional infliction of emotional distress where extreme conduct causes significant emotional suffering can qualify. Courts recognize that some actions can cause severe emotional trauma even without physical injury.
Emotional Distress Situations
Emotional distress can occur in many situations. Knowing these scenarios is important if you’re considering legal action in Florida.
Car Accidents and Other Traumatic Events
Car accidents can cause a lot of emotional pain. Victims can experience anxiety, depression or even post-traumatic stress disorder (PTSD) after an accident. The shock of the event can linger and impact daily life. If you were involved in a serious car accident, you may have a claim for emotional distress within the context of personal injury cases.
Medical Malpractice
Medical malpractice can cause severe emotional suffering. When healthcare professionals don’t meet the standard of care patients can suffer dire consequences. This can result in physical injuries and emotional trauma. Victims of malpractice feel betrayed and may experience anxiety which can be the basis for a claim.
Witnessing a Traumatic Event
Witnessing a traumatic event can also cause emotional distress. If you were present at an accident or violent incident the psychological impact can be huge. Many people experience flashbacks or heightened anxiety after such events. In Florida you can sue if you can prove witnessing the event caused significant emotional harm.
Loss of a Loved One
Losing a loved one can be brutal. If the death was due to someone else’s negligence or intentional act you may have a claim for emotional distress. The grief and emotional chaos that follows can be overwhelming. In these cases, family members may seek compensation for the emotional pain caused by the loss.
Compensation and Damages
In Florida, emotional distress claims can result in various types of damages. This compensation is non-economic damages. Knowing these damages is important if you’re considering a claim.
Non-Economic Damages in Florida
Non-economic damages are the emotional pain and suffering a person endures. These damages are not tied to actual monetary losses like medical bills or lost wages. Instead, they are the psychological impact of the event. This can include:
- Therapy costs: Many people seek therapy to deal with their emotional distress. The cost of therapy can be included in a claim.
- Loss of enjoyment of life: Emotional distress can limit a person’s ability to enjoy daily activities. This loss can also be compensated.
- Pain and suffering: This is the overall emotional trauma caused by the distressing event.
Types of Compensation
When you’re making a claim you need to document all forms of suffering. Here are some common types of compensation that may be sought:
- Therapy and counseling costs: These costs can add up fast especially if ongoing treatment is needed.
- Loss of companionship: If emotional distress affects relationships compensation may be available for this loss.
- Emotional trauma: This is the long-term effects of the distressing event, anxiety, depression, or PTSD.
How to Sue
To get these damages you must prove your emotional suffering. This can include:
- Medical records: Records from mental health professionals.
- Personal statements: Your own story.
- Witness statements: Friends or family who have seen your emotional distress.
Consult With an Experienced Florida Workers’ Comp Attorney Today!
If you or a loved one have suffered emotional distress due to someone else’s actions or negligence, you don’t have to face this difficult situation alone. At Work Injury Rights, our team is here to help you understand your legal rights and guide you through the process of seeking compensation for your suffering.
Contact us today at 954-829-7077 for a free consultation!
