Can You Sue For Emotional Distress in Florida?
Accidents can cause many different types of injuries; however, some aren’t always visible. Aside from the medical bills and physical injuries, the emotional toll from trauma can disrupt your life just as much as a broken bone.
But can you sue for emotional distress in Florida? The short answer is yes; however, getting compensation for these damages can be tricky. Here’s what you should know before filing a claim.
What is Emotional Distress in Personal Injury Claims?
Emotional distress is the mental and emotional suffering someone might feel after a traumatic event like a car crash or medical malpractice incident. Unlike broken bones or lacerations, these injuries aren’t visible but can be just as harmful. Florida courts recognize emotional distress as mental suffering that includes:
- Anxiety and fear
- Deep grief and sadness
- Humiliation and embarrassment
- Constant worry and distress
- Anger and frustration
These emotional reactions are normal after trauma, but they can affect your everyday life and may even require help from a mental health professional.
Examples of Emotional Distress
After a serious accident, victims may experience:
- Post-Traumatic Stress Disorder (PTSD): Flashbacks, nightmares, and severe anxiety related to the accident
- Anxiety and Depression: Feelings of dread, hopelessness, or sadness that interfere with everyday life
- New Phobias: Fear of driving, visiting medical facilities, or other activities associated with the traumatic event
- Physical Manifestations: Stress-induced headaches, digestive issues, chest pain, and racing heartbeat
Types of Accidents That Can Cause Emotional Distress
Any accident can trigger emotional trauma depending on the individual; however, some common accidents include:
- Car accidents
- Hit-and-run accidents
- Medical malpractice
- Slip and falls
- Witnessing traumatic events
The laws surrounding emotional distress can vary based on the type of accident. For example, Florida Statute 627.737 only allows emotional distress claims for permanent injuries from a motor vehicle accident.
Loss of Consortium in Florida
Loss of consortium falls under emotional distress as well and is filed by the spouse or loved one of someone who’s been seriously injured in an accident. According to Orlando Regional Medical Center v. Chmielewski (1990), loss of consortium damages cover “past and future loss of such intangibles as love, sex, companionship, society, comfort and solace, and help in performing one’s tasks about the household.”
A former case taken on by our firm involved a client whose husband was run over by a giant truck as he was working down in a tank at a local gas station. As a result of physical injury and emotional distress, our client and her husband’s plans to start a family were postponed. The driver was sued on behalf of our client for the impact on our client’s relationship and family plans.
Negligent vs. Intentional Infliction of Emotional Distress
Florida law recognizes two types of emotional distress cases:
Negligent Infliction of Emotional Distress (NIED) occurs when someone’s carelessness causes psychological harm. Florida applies the Impact Rule in these cases (explained below).
Intentional Infliction of Emotional Distress (IIED) applies when someone intentionally or recklessly causes psychological harm through outrageous conduct. As established in Metropolitan Life Insurance Co. v. McCarson (1991), the behavior must be so extreme and outrageous “as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.”
The Impact Rule in Florida
Florida’s Impact Rule has been established through a series of court decisions rather than legislation, beginning with International Ocean Telegraph Company v. Saunders (1893). This case found that mental pain and suffering alone was not considered recoverable.
In general, this rule requires that a claimant must have suffered a physical injury to recover for emotional distress. This means just experiencing emotional pain is not enough to sue.
Zell v. Meek refined this rule by creating guidelines for non-physical injury cases:
- The emotional distress must show physical symptoms
- You must have direct exposure to the event
- It must happen shortly after the accident
The Florida Supreme Court has made exceptions to the Impact Rule in specific cases:
- Intentional torts or wrongdoing
- Witnessing a death or serious injury of a close relative
- Disclosing HIV test results
- Consuming contaminated food or beverages
- Breach of patient confidentiality by a therapist
The specific exception for close relatives allows parents, children, or spouses who directly witness a traumatic event involving their loved one to seek damages for emotional distress, even if they weren’t physically harmed themselves.
How to Prove Emotional Distress
If you want to be compensated for emotional distress, you’ll need strong proof, such as:
- Medical records, including records from psychologists, psychiatrists, and therapists
- Personal documentation, including journals detailing your emotional state and limitations
- Witness testimony, including statements from family and friends about changes in your behavior
- Expert opinions, including psychological evaluations confirming your conditions and their connection to the accident
Using this evidence, a personal injury attorney will write a demand letter, negotiate with the insurance companies, file a lawsuit if negotiations are unsuccessful, and represent you in court.
Types of Damages You Can Recover in Emotional Distress Claims
Compensation for emotional distress typically includes:
- Therapy and counseling costs
- Medication expenses
- Loss of enjoyment of life
- General pain and suffering damages
- Compensation for physical symptoms
How Long Do You Have to File an Emotional Distress Claim in Florida?
As of March 24, 2023, Florida House Bill 837 reduced the statute of limitations from four years to just two years. Speak to a qualified and experienced personal injury lawyer as soon as possible after your accident to ensure you get the compensation you’re entitled to.
Consult a Gainesville Personal Injury Lawyer Today
No amount of compensation can erase the trauma you’ve experienced, but recovering what you deserve acknowledges your suffering. At Fine, Farkash & Parlapiano, P.A., we understand the complexity of physical and emotional injuries. Our Gainesville personal injury attorneys have successfully fought for clients suffering from emotional distress, and we’ve been able to secure compensation that addresses both visible and invisible injuries.
Contact our law firm today for a free, confidential consultation to explore your options for emotional distress lawsuits.
Sources:
627.737 Tort exemption; limitation on right to damages; punitive damages | The Florida Legislature
Metropolitan Life Ins. Co. v. McCarson | Justia
International Ocean Telegraph Co. v. Saunders | Court Listener
Willis v. GAMI GOLDEN GLADES, LLC. | Court Listener
CS/CS/HB 837— Civil Remedies | The Florida Senate
Mr. Fine was born in New York, New York, and was raised in the northeast, where he studied sociology at Colby College in Waterville, Maine. He then graduated with honors from the University of Florida Levin College of Law in 1976. In law school, he was a member of Phi Kappa Phi Honor Society, was inducted into the Order of the Coif, and graduated in the top 10 percent of his class. Mr. Fine was admitted into the Florida Bar in 1976, the United States District Court for the Middle District of Florida in 1977, the United States District Court for the Northern District of Florida in 1991, and the United States Court of Appeals 11th Circuit in 1982.