Understanding Emotional Distress Claims in Florida Personal Injury Cases

Introduction

Injuries from an accident are not always physical—many victims experience severe emotional distress that can affect their daily lives, relationships, and ability to work. While physical injuries are easier to document, emotional distress can be more challenging to prove in a personal injury claim. However, Florida law allows injury victims to seek compensation for emotional suffering under certain conditions.

This guide explains what emotional distress claims are, how they are proven in Florida, and what injury victims need to know to recover compensation for mental and emotional harm.

What Is Emotional Distress in a Personal Injury Case?

Emotional distress refers to the psychological and emotional suffering that a person experiences after an accident or traumatic event. This can include:

• Anxiety or depression
• Post-traumatic stress disorder (PTSD)
• Sleep disturbances or nightmares
• Emotional withdrawal or mood swings
• Fear of driving or performing daily activities

These effects can be just as debilitating as physical injuries and may require therapy, medication, or long-term mental health treatment.

Types of Emotional Distress Claims in Florida

Emotional distress claims generally fall into two categories:

Negligent Infliction of Emotional Distress (NIED)

This occurs when a person suffers emotional harm due to someone else’s negligence. To bring an NIED claim in Florida, the victim must show:

• The defendant acted negligently.
• The victim suffered a physical impact or was in immediate danger of harm.
• The emotional distress resulted from the accident.

Florida follows the “impact rule,” which requires that a victim experience some physical impact or direct involvement in the event to claim emotional distress.

Intentional Infliction of Emotional Distress (IIED)

This occurs when someone intentionally causes extreme emotional suffering through outrageous behavior. To succeed in an IIED claim, the victim must prove:

• The defendant’s conduct was intentional or reckless.
• The conduct was extreme and outrageous.
• The conduct caused severe emotional distress.

These claims are less common in personal injury cases and are typically seen in situations involving harassment, threats, or abuse.

How to Prove Emotional Distress in a Personal Injury Case

Since emotional distress is not as easily measured as physical injuries, proving it requires strong evidence. Common forms of proof include:

• Medical records from therapists or psychologists documenting anxiety, PTSD, or depression.
• Testimony from mental health professionals supporting the severity of emotional distress.
• Personal journals or written statements detailing emotional struggles and daily challenges.
• Testimony from family members, friends, or co-workers who have observed changes in behavior.
• Prescription records for medications such as antidepressants or anxiety medication.

The stronger the evidence, the more likely a victim will be able to recover compensation for emotional distress.

Challenges in Emotional Distress Claims

Although Florida allows emotional distress claims, several challenges may arise:

• The requirement of a physical impact under the impact rule can limit eligibility.
• Insurance companies may argue that emotional distress is exaggerated or unrelated to the accident.
• Defendants may claim that pre-existing mental health conditions are responsible for emotional suffering.

Overcoming these challenges requires proper medical documentation and legal arguments that demonstrate a direct connection between the accident and the emotional harm suffered.

What Compensation Is Available for Emotional Distress?

Victims of emotional distress may be entitled to compensation for:

• Therapy and mental health treatment costs
• Lost wages if emotional distress affects the ability to work
• Pain and suffering damages for long-term psychological harm
• Loss of enjoyment of life due to ongoing emotional struggles

The amount of compensation depends on the severity of the emotional distress and its impact on the victim’s daily life.

How a Personal Injury Attorney Can Help

An experienced personal injury attorney can:

• Gather medical evidence to prove emotional distress.
• Work with mental health experts to establish the severity of the condition.
• Negotiate with insurance companies to ensure fair compensation.
• Present a strong case in court if the insurance company disputes the claim.

At Bonderud Law, we help personal injury victims recover compensation for both physical and emotional damages. If you are experiencing emotional distress after an accident, contact us today for a free consultation.

Conclusion

Emotional distress claims can be challenging to prove, but Florida law allows victims to seek compensation for mental and psychological suffering. By gathering strong medical evidence and working with an experienced attorney, injury victims can build a case that demonstrates the full extent of their emotional harm.

If you are struggling with emotional distress after an accident, taking legal action may help you obtain the compensation you need for treatment and recovery.