Can I Sue for Emotional Distress in Florida?

Emotional distress is a significant form of harm that can deeply impact an individual's life. However, suing for emotional distress, particularly in Florida, comes with its complexities. Unlike physical injuries, emotional distress claims require the plaintiff to provide concrete evidence to support their case, often making them harder to prove. If you're wondering whether you can sue for emotional distress in Florida, this article will provide an in-depth look at the legal framework, types of claims, and the process involved.

What is Emotional Distress?

Emotional distress refers to the psychological harm or mental anguish resulting from an incident, which may include conditions like anxiety, depression, or trauma.

In legal terms, it falls under "non-economic damages"—harm that cannot be quantified in monetary terms like physical injuries or property damage.

In Florida, there are two main types of emotional distress claims:

1. Intentional Infliction of Emotional Distress (IIED): This occurs when someone's extreme and outrageous behavior causes severe emotional trauma.
2. Negligent Infliction of Emotional Distress (NIED): This arises when someone's negligent actions lead to emotional harm.

Intentional Infliction of Emotional Distress (IIED)

Intentional infliction of emotional distress involves behavior that is so extreme and outrageous that it goes beyond the bounds of decency. In Florida, the courts require four elements to be proven for an IIED claim:

• The defendant acted intentionally or recklessly.
• The conduct was outrageous or extreme.
• The conduct caused emotional distress.
• The emotional distress was severe.

It's important to note that Florida courts set a high bar for proving IIED. The behavior must be more than merely offensive or annoying. Instead, it must shock the conscience of a reasonable person.

Negligent Infliction of Emotional Distress (NIED)

Unlike IIED, negligent infliction of emotional distress does not require proof of outrageous conduct. However, Florida courts have specific conditions that must be met to bring an NIED claim. The plaintiff must show that:

• The defendant's negligence caused physical harm.
• The plaintiff was either involved in or witnessed the event that caused the emotional distress.
• The emotional distress is linked to the incident.

The requirement for physical harm makes NIED claims in Florida particularly challenging unless the emotional distress is accompanied by a physical injury. This rule is known as the impact rule in Florida, which mandates that the emotional distress must result from a physical injury or trauma for the claim to hold.

The Impact Rule: A Florida Legal Requirement

Florida adheres to a strict "impact rule," meaning that emotional distress claims are generally only allowed if there is an accompanying physical injury. For example, if someone witnesses a loved one being harmed, they cannot file a claim for emotional distress unless they also experienced a physical injury from the incident.

There are, however, certain exceptions to this rule. These include:

• Death of a family member: If a close relative dies due to someone else's negligence, the family members may have a valid claim for emotional distress, even if they did not suffer physical harm.
• Defamation or privacy invasion: In cases involving defamation or invasion of privacy, a person may sue for emotional distress without the requirement of physical harm.

While the impact rule limits emotional distress claims, Florida courts have made exceptions over the years in specific situations where the distress was significant, even without direct physical injury.

Suing for Emotional Distress Without Physical Harm

Suing for emotional distress without a physical injury is not impossible but is challenging in Florida. Emotional distress claims are often seen in conjunction with other claims, such as personal injury or wrongful death cases, to recover damages for the psychological trauma caused by the event. However, proving emotional distress without a physical injury requires a highly compelling case and strong evidence.

Evidence Required for Emotional Distress Claims

Proving emotional distress is often more complicated than proving physical injury. However, strong evidence is key to a successful claim. Some types of evidence that can strengthen your case include:

• Medical records: If you've sought treatment for emotional distress, such as counseling or psychiatric treatment, these records can support your claim.
• Expert testimony: Testimony from a mental health professional, like a psychologist or psychiatrist, will offer expert opinions on the severity of your emotional distress.
• Witness testimony: Friends, family, or colleagues who have witnessed your emotional distress may also provide valuable testimony.
• Personal journals or logs: Documenting your emotional state can be persuasive in demonstrating the extent of your distress.

Emotional Distress and Compensation

The compensation you may be entitled to for emotional distress in Florida typically falls under non-economic damages. These damages provide compensation for intangible losses, including pain and suffering, emotional distress, and a loss of ability to enjoy life.

Factors that may influence the amount of compensation include:

• The severity of the emotional distress.
• Whether the emotional distress is long-term or permanent.
• How the distress affects your ability to work and maintain relationships.

In cases where physical injury accompanies emotional distress, the overall compensation may be higher since both economic and non-economic damages will be considered.

Florida Statistics on Emotional Distress Claims

While exact statistics on emotional distress claims can be challenging to pin down, it's important to understand that non-economic damages, including emotional distress, are frequently sought in personal injury lawsuits. In 2021, approximately 77% of personal injury cases in Florida resulted in compensation for non-economic damages, which often included claims for emotional trauma and suffering. This indicates that although difficult, pursuing compensation for emotional distress is not uncommon.

Conclusion

Yes, you can pursue a lawsuit for emotional distress in Florida, but achieving success requires adhering to stringent legal criteria. Whether you're claiming IIED or NIED, gathering strong evidence and understanding the complexities of Florida's laws is critical. Working with an experienced attorney can greatly improve your chances of navigating these challenges and securing the compensation you deserve.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Florida personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

?Contact us now for a free legal review.