Can You Sue for Emotional Distress in Florida?
Introduction
In Florida, accident victims may suffer not only physical injuries but also significant emotional and psychological distress. While personal injury claims typically focus on medical bills and lost wages, victims may also be entitled to compensation for emotional distress. However, proving emotional distress in a legal claim can be challenging.
This guide explains how emotional distress claims work in Florida, when you can sue for emotional suffering, and what evidence is needed to support your case.
What Is Emotional Distress in a Personal Injury Claim?
Emotional distress refers to the mental and psychological suffering caused by an accident or traumatic event. It may include:
- Anxiety or depression
- Post-traumatic stress disorder (PTSD)
- Fear or phobias related to the accident
- Sleep disturbances or nightmares
- Emotional instability or mood swings
Unlike physical injuries, emotional distress is not always visible, which makes proving it in court more complex.
When Can You Sue for Emotional Distress in Florida?
Florida law allows emotional distress claims in certain situations. Whether a person can recover compensation depends on the type of claim and the evidence presented.
1. Emotional Distress in a Personal Injury Case
If a person suffers physical injuries due to someone else’s negligence, they can include emotional distress as part of their damages.
Example: A car accident victim who suffers a broken leg may also experience anxiety and PTSD. They can seek compensation for both their physical injury and emotional suffering.
2. Emotional Distress Without Physical Injury (Intentional Infliction of Emotional Distress)
In rare cases, a person can sue for emotional distress even if they do not have physical injuries. Florida courts recognize intentional infliction of emotional distress (IIED) when:
- The defendant engaged in outrageous or extreme conduct.
- The conduct caused severe emotional distress.
Example: A person is falsely accused of a crime and subjected to public humiliation, leading to anxiety and depression. They may have a claim for emotional distress.
3. Emotional Distress in Wrongful Death and Bystander Claims
Family members of a deceased accident victim may recover emotional damages through a wrongful death lawsuit. Additionally, a bystander who witnesses a traumatic event involving a loved one may be able to sue for negligent infliction of emotional distress if:
- They witnessed the accident firsthand.
- The victim was an immediate family member.
- They suffered severe emotional distress as a direct result.
Example: A parent watches their child get hit by a reckless driver and suffers PTSD. The parent may be eligible to file a claim for emotional distress.
How to Prove Emotional Distress in Florida
Since emotional distress is not visible like a broken bone or a cut, proving it in a lawsuit requires strong evidence. Common forms of evidence include:
- Medical records showing diagnosis and treatment for anxiety, depression, or PTSD.
- Psychiatric evaluations from licensed mental health professionals.
- Testimony from friends and family describing changes in behavior or emotional struggles.
- Journals or personal records documenting emotional distress over time.
- Employment records showing lost wages due to emotional trauma affecting work performance.
The stronger the evidence, the greater the chances of obtaining compensation for emotional distress.
What Compensation Can You Receive for Emotional Distress?
In Florida, damages for emotional distress fall under non-economic damages, which compensate for intangible losses. These damages may include:
- Therapy and mental health treatment costs
- Loss of enjoyment of life
- Emotional suffering and mental anguish
- Sleep disturbances and PTSD-related symptoms
The amount awarded varies depending on the severity of distress, the impact on daily life, and the strength of medical evidence.
Challenges in Emotional Distress Claims
Suing for emotional distress can be difficult due to the subjective nature of mental suffering. Some challenges include:
- Insurance companies may argue that the distress is exaggerated or unrelated to the accident.
- Florida courts require clear medical documentation from licensed professionals to validate emotional distress claims.
- Proving emotional trauma in the absence of physical injury requires demonstrating that the defendant’s actions were extreme or intentional.
An experienced attorney can help overcome these challenges by gathering medical evidence, securing expert testimony, and presenting a strong case for compensation.
How a Personal Injury Attorney Can Help
A personal injury attorney can:
- Evaluate whether emotional distress damages apply to your case.
- Work with mental health experts to establish the severity of distress.
- Gather evidence to support claims of PTSD, anxiety, or depression.
- Negotiate with insurance companies to secure full compensation.
At Bonderud Law, we understand how emotional suffering affects accident victims and fight to ensure our clients receive the compensation they deserve. If you have suffered emotional distress due to negligence, contact us today for a free consultation.
Conclusion
Emotional distress damages can be awarded in Florida personal injury cases, but proving them requires strong medical evidence and legal strategy. Victims who experience anxiety, PTSD, or mental suffering after an accident should seek medical attention and consult an attorney to protect their rights.
If you or a loved one has suffered emotional distress due to negligence or intentional harm, pursuing a legal claim may help you recover the compensation needed for therapy, treatment, and long-term recovery.
