In Florida, personal injury claims are not limited to physical injuries, emotional distress also counts as a personal injury. Due to their visible nature, injuries often receive immediate attention, however emotional distress also represents a significant component of PI cases and requires careful consideration.
In this blog we will discuss what long-lasting effects emotional distress can have on a victim’s life, how Florida law regulates it, and what type of compensation is available. We will also explore the role of a personal injury attorney in emotional distress claims.
What is Emotional Distress?
Emotional distress is a psychological response to trauma. It includes anxiety, depression, and PTSD. Victims experience ongoing fear, sadness, or symptoms that disrupt daily life. Emotional distress shows up as:
- Post-traumatic stress disorder (PTSD)
- Clinical depression
- Severe anxiety
- Sleep disorders
- Panic attacks
Mental health professionals diagnose these conditions using established diagnostic criteria and documented symptoms.
Legal Framework in Florida
Florida law recognizes emotional distress claims but applies specific rules governing their validity. The “Impact Rule” stands as a fundamental principle in Florida personal injury law, requiring physical contact or impact for emotional distress claims to proceed.
However, exceptions exist. Witnessing a traumatic event involving a family member, medical malpractice, or intentional acts can qualify as personal injury. For example, seeing a loved one injured, experiencing medical negligence, or facing abuse might lead to a claim with the help of an experienced personal injury attorney.
Types of Emotional Distress Claims in Florida
Negligent Infliction of Emotional Distress (NIED)
NIED occurs when negligence causes emotional harm. Physical injury or impact is required. The emotional harm must be foreseeable and directly linked to the act.
Examples include:
- A parent seeing harm to their child
- A person in a near-fatal accident
- A medical procedure harming both patient and loved ones
Intentional Infliction of Emotional Distress (IIED)
IIED involves deliberate acts causing emotional harm. The conduct must be extreme and outrageous. Florida courts require conduct to shock an average person.
Examples include:
- Harassment or threats
- Stalking or bullying
- Workplace harassment involving threats of violence
The behavior must be intentional or reckless, causing severe emotional harm.
Proving Emotional Distress
Proving emotional distress is challenging. Medical documentation and the help of qualified personal injury lawyers are key. Victims need treatment from mental health professionals. Expert testimony can also support the claim.
Medical Documentation
Essential records include:
- Mental health treatment records detailing diagnosis and progression
- Psychiatric evaluations from multiple professionals
- Therapy session notes documenting ongoing treatment
- Prescribed medication records showing treatment approaches
- Hospital records related to mental health treatment
- Documentation of physical symptoms related to emotional distress
Expert Testimony
Mental health professionals provide expert testimony regarding:
- Diagnosis of psychological conditions using standardized criteria
- Treatment protocols and their effectiveness
- Long-term prognosis and potential future complications
- Impact on daily life and functioning
- Relationship between physical injuries and psychological symptoms
- Professional assessment of severity and duration
Additional Evidence
Supporting documentation may include:
- Personal journals documenting emotional state and daily impacts
- Witness statements from family, friends, and colleagues
- Employment records showing impact on work performance
- Video or photographic evidence of behavioral changes
- Social media posts demonstrating lifestyle changes
- Financial records showing therapy and treatment costs
Challenges in Pursuing Emotional Distress Claims
Establishing emotional distress claims in Florida presents unique obstacles compared to physical injury cases. Unlike broken bones or visible wounds, emotional trauma lacks tangible evidence, making it challenging to demonstrate the full extent of psychological harm in court. Defendants often argue that the reported distress is exaggerated or stems from pre-existing conditions, rather than the incident in question.
The statute of limitations creates additional pressure, as Florida law allows only two years to file personal injury claims. Once this deadline passes, victims lose their right to seek compensation, regardless of the severity of their emotional suffering.
Defense attorneys frequently challenge these claims by:
- Questioning the causal connection between the incident and emotional distress
- Arguing the conduct was not sufficiently extreme to warrant damages
To overcome these obstacles, victims need comprehensive documentation from mental health professionals and an experienced personal injury lawyer familiar with Florida’s emotional distress laws.
Available Compensation for Emotional Distress
Florida courts consider multiple factors when awarding damages for emotional distress claims.
Compensatory damages:
Specific damages may include:
- Cost of past and future mental health treatment
- Lost wages due to psychological inability to work
- Reduced quality of life and enjoyment
- Future therapeutic needs and medication costs
- Impact on relationships and social functioning
- Lost educational or career opportunities
Punitive damages:
Available in cases involving:
- Intentional misconduct with clear evidence
- Gross negligence exceeding ordinary carelessness
- Reckless disregard for human welfare
- Systematic patterns of abusive behavior
- Deliberate attempts to cause emotional harm
Role of Personal Injury Attorneys
Personal injury attorneys serve as essential advocates for victims pursuing emotional distress claims in Florida. They understand the nuances of state laws and know how to build compelling cases that demonstrate the reality of psychological trauma.
Key ways attorneys support emotional distress claims:
- Gathering comprehensive evidence, including medical records, psychiatric evaluations, and witness statements that substantiate psychological harm
- Managing communication with insurance companies to prevent tactics that might undervalue emotional suffering
Beyond evidence collection, PI attorneys navigate complex negotiations with insurance companies, who often attempt to minimize emotional distress claims or deny them entirely. They protect victims from accepting inadequate settlements and ensure all filing deadlines are met.
Their expertise becomes particularly valuable during depositions and court proceedings, where precise presentation of psychological evidence can significantly impact the case outcome.
At Dolan Dobrinsky Rosenblum Bluestein, LLP, we understand the profound impact emotional trauma has on our clients’ lives. Our experienced Miami personal injury attorneys work diligently to build strong cases that demonstrate the full extent of psychological harm and its effects on daily life.
Don’t face the complexities of emotional distress claims alone. Contact our Miami office today for a free consultation, and let our dedicated team help you pursue the justice and compensation you deserve.
Call 305-371-2692 or visit our website to schedule your confidential case evaluation.