Emotional distress can be just as debilitating as a physical injury, and we believe victims deserve to seek compensation for it. When it comes to emotional distress damages, there is no fixed dollar amount or cap, and the value depends on the severity, duration, and evidence behind your claim. In Florida, the law recognizes the profound effects that emotional harm can cause and provides avenues for victims to seek compensation. Understanding your legal rights with a Fort Lauderdale personal injury lawyer by your side is the first step toward recovery. Call or contact us today to review your case during a free consultation.

What Is Considered Emotional Distress in Florida?

Emotional distress refers to the mental anguish and suffering one experiences as a result of another’s actions. It can manifest as depression, anxiety, shame, post-traumatic stress disorder (PTSD), and other significant mental health issues. Nevertheless, legally, there are two types of emotional distress claims categorized as Intentional Infliction of Emotional Distress or Negligent Infliction of Emotional Distress.

Intentional Infliction of Emotional Distress

Intentional infliction of emotional distress (IIED) is categorized as when someone’s extreme and outrageous conduct intentionally or recklessly results in the severe emotional distress of another person. To claim IIED, the victim must prove include:

The conduct indeed caused severe emotional distress.
The defendant’s conduct was extreme and outrageous.
The conduct was intended to cause, or recklessly disregarded the likelihood of causing, emotional distress.

Negligent Infliction Of Emotional Distress

On the other hand, negligent infliction of emotional distress (NIED) is a legal claim where someone sues because another person’s carelessness, not an intentional act, caused them serious emotional harm. To prove NIED, the claimant must demonstrate:

The defendant owed you a duty of care
They breached that duty
Their breach directly caused your distress
The distress is severe and verifiable (typically with medical evidence)

Unsure of what type of emotional distress you are a victim of? The skilled Fort Lauderdale accident attorneys at Rosen Injury Law are here to help every step of the way.

What Is Florida’s “Impact Rule?”

Florida’s impact rule is a legal doctrine that limits when someone can recover damages for emotional distress caused only by another party’s negligence, not intentional acts. To recover damages for emotional distress in a negligence claim, you generally must show that the emotional distress arose from a physical injury caused by the defendant’s negligence, or that you suffered some physical impact from the negligent act itself. Purely emotional harm, with no physical injury or contact, usually isn’t enough on its own.

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Proving Emotional Distress in Florida

Unlike physical injuries, emotional distress does not leave visible marks, making it challenging to prove. Courts require as much evidence as possible to substantiate claims of how can you sue someone for emotional distress or trauma.

Evidence Required for Emotional Distress Claims

Expert Testimonies: Mental health experts can provide professional opinions on the claimant’s condition.
Medical Records: Documentation from mental health professionals is crucial in proving the existence and extent of emotional distress.
Personal Testimonies: The victim’s personal account of their suffering, including the impact on daily life
Witness Statements: Accounts from family members or others who can attest to the claimant’s emotional and mental suffering.

Common Causes of Emotional Distress

Emotional distress rarely comes out of nowhere, as it’s usually tied to a specific traumatic event. Some of the most common incidents we see include:

Physical injuries and emotional harm are rarely separate; real compensation accounts for both. If you’re carrying invisible wounds along with visible ones, a Fort Lauderdale personal injury attorney can help you pursue full compensation.

Damages and Compensation Available in Emotional Distress Cases

Emotional distress claims can involve both types of damages. Non-economic damages compensate for the suffering itself — anguish, fear, and diminished quality of life. Economic damages cover the tangible costs tied to that distress, such as therapy and psychiatric treatment, medication, and lost wages if it’s kept you out of work.

The value of your claim depends on several factors:

Severity and duration of the distress
Impact on work, relationships, and daily functioning
Cost of treatment already incurred, and anticipated future treatment costs
Strength and quality of your evidence
Comparable outcomes in prior Florida cases
Mitigating factors, like pre-existing conditions unrelated to the incident

Whether your distress stems from intentional wrongdoing, negligence, or a physical injury, you may be entitled to pursue both economic and non-economic damages. Maximizing your recovery comes down to understanding the laws that apply to your case, gathering strong evidence early, and working with an experienced Fort Lauderdale personal injury attorney to advocate on your behalf.

Contact Rosen Injury Law To Discuss Your Emotional Distress Claim

If you believe you’ve suffered severe emotional distress caused by someone else’s negligent or intentional actions, contact Rosen Injury Law for a free case review. Our experienced personal injury attorneys are here to listen to your story, evaluate your case, and guide you through the legal process towards the compensation you deserve. Call (954) 787-1500 or contact us online today and take the first step towards healing.

What Are Emotional Distress Damages in A Florida Personal Injury Case?