When people think of personal injury claims, they often focus on physical injuries like broken bones and bruises. However, injuries to one’s mental and emotional health can be just as devastating. In Florida, it is possible to recover compensation for emotional distress after an accident or injury, but the requirements for doing so can be more stringent than for physical injuries. In this article, we will explore the legal requirements for recovering compensation for emotional distress in Florida.
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What is Emotional Distress?
Emotional distress, also known as mental anguish, is a legal term used to describe a wide range of emotional and mental injuries. Examples of emotional distress can include anxiety, depression, sleep disturbances, and post-traumatic stress disorder (PTSD). Emotional distress can be caused by a number of events, including car accidents, workplace accidents, medical malpractice, and intentional acts like assault and battery.
Types of Emotional Distress Claims in Florida
In Florida, there are two main types of emotional distress claims that a person can bring: negligent infliction of emotional distress (NIED) and intentional infliction of emotional distress (IIED).
Negligent Infliction of Emotional Distress (NIED)
NIED claims usually arise in situations where a person suffers emotional distress as a result of someone else’s negligence. For example, if a person is injured in a car accident due to the negligence of another driver, they may also suffer emotional distress related to the accident. To recover compensation for NIED in Florida, a person must show:
- The defendant’s conduct was negligent,
- The defendant’s conduct caused the plaintiff’s emotional distress, and
- The plaintiff’s emotional distress was severe and debilitating.
Intentional Infliction of Emotional Distress (IIED)
IIED claims arise in situations where a person intentionally causes emotional distress to another person. For example, if someone is the victim of workplace harassment, they may suffer emotional distress as a result. To recover compensation for IIED in Florida, a person must show:
- The defendant engaged in outrageous conduct,
- The defendant’s conduct caused the plaintiff’s emotional distress, and
- The plaintiff’s emotional distress was severe and debilitating.
When Can Compensation for Emotional Distress Be Recovered?
Physical injuries are often accompanied by emotional distress, but a plaintiff cannot recover compensation for emotional distress unless they can demonstrate that their emotional distress was severe and debilitating.
Typically, the threshold for recovery is higher for emotional distress claims than for physical injuries. Florida courts require plaintiffs to provide medical evidence and other proof that their emotional distress is serious and affects their daily life.
How Much Compensation Can Be Recovered?
The amount of compensation that a plaintiff can recover for emotional distress depends on several factors, including the severity and duration of their emotional distress, the cause of the emotional distress, the defendant’s conduct, and the extent of the plaintiff’s medical treatment.
In Florida, compensation for emotional distress may include:
- Medical expenses related to the injury,
- Lost wages and loss of future earning capacity,
- Pain and suffering,
- Loss of enjoyment of life, and
- Mental health treatment expenses.
How to Prove Emotional Distress in Florida
Proving emotional distress can be challenging, but there are several pieces of evidence that can help build a strong case.
For example, plaintiffs may provide:
- Testimony from friends and family members about the impact of their emotional distress,
- Medical records,
- Expert testimony from psychiatrists or psychologists,
- Employment records, and
- Social media posts or text messages demonstrating the plaintiff’s emotional state.
Conclusion
Recovering compensation for emotional distress in Florida can be difficult, but it is possible with the help of experienced personal injury attorneys. If you have been the victim of another person’s negligence or intentional harm, you may be entitled to compensation for your emotional distress. Contact a personal injury lawyer today to discuss your options and to learn more about how they can help you recover the compensation you deserve.