Can I Sue for Emotional Distress in a Florida Injury Case?
When you suffer any injury, your first priority is treating your physical pain. You go to doctors, seek treatment and medication, and wait for your body to heal. However, not everyone considers the emotional toll an injury can have. In some cases, the emotional impact of an injury outlasts the physical impact.
A Florida personal injury attorney can help you evaluate your case and determine if you can sue for emotional distress. Learn more about whether you can sue for emotional distress in a personal injury case and what to expect from the process.
What is Emotional Distress?
When you pursue a personal injury claim, you can collect two types of damages: economic and non-economic. The economic damages cover medical bills, lost wages, and other calculable losses. Non-economic damages, on the other hand, account for the intangible losses you suffered. This includes emotional distress, among other losses like pain and grief.
Emotional distress is the psychological impact of a traumatic incident. Emotional distress is difficult to define exactly, as it may look different for different people. It may include diagnoses of depression, anxiety, Post Traumatic Stress Disorder (PTSD), or other mental illnesses.
Emotional distress can also include symptoms like:
- Insomnia or sleep disruption
- Extreme fatigue
- Suicidal thoughts
- Stress
- Mood swings
- Shame and humiliation
Can I Sue for Emotional Distress?
You may be able to sue for emotional distress in a Florida personal injury case. From devastating trucking accidents to life-altering slips and fall cases, any injury can cause emotional distress. However, first, you must prove that the party you’re accusing was negligent and that their negligence caused your emotional distress.
To prove negligence, you first need to prove the liable party owed you a duty of care. Depending on your case, the liable party might be a doctor, another driver, or a property owner. Doctors owe patients a duty of care, and drivers owe other drivers and pedestrians a duty of care to drive safely and responsibly.
Next, you have to prove they breached that duty of care. For example, if your doctor prescribed you the wrong medication or another driver broke a traffic law that led to your accident.
After that, you must directly link their negligent actions to your accident and prove that the accident caused your emotional distress. In other words, without the accident occurring, you wouldn’t be in emotional distress.
The Process of Suing for Emotional Distress in a Florida Personal Injury Claim
Before filing a personal injury lawsuit, you can file insurance claims to cover emotional distress as non-economic damages. However, if your insurance adjuster won’t factor this in and offer a fair settlement, it might be time to consult a Florida personal injury attorney to file a personal injury claim.
When you sue for emotional distress in a personal injury claim, you can use evidence such as witnesses of your emotional distress, doctors, and any documentation you have of your emotional distress.
A Florida personal injury attorney can help you gather this evidence. Then, they’ll help you calculate your economic damages, like medical treatment, and non-economic damages like emotional distress. The amount of money you can recover for emotional distress varies drastically from case to case.
Suing for Emotional Distress? Contact Experienced Florida Attorneys
Any personal injury is a devastating event. You can lose your ability to live as you once did, either temporarily or forever. You don’t have to suffer alone. Contact a Florida personal injury attorney from The Law Offices of Marc L. Shapiro, P.A. today to begin the process of filing a personal injury claim. The sooner you seek fair compensation, the sooner you can start to heal.
Contact us at 239-500-5000 for a free consultation today.
