Can You Sue For Emotional Distress?

November 12, 2024 | Sagi Shaked | Personal Injury

Emotional distress is the mental or emotional suffering a person endures due to another party’s negligent or intentional actions. This distress can disrupt a person’s life. It can lead to conditions like anxiety, depression, and post-traumatic stress disorder (PTSD). If you’ve suffered emotional harm due to someone else’s actions in Florida, you may be able to pursue compensation. This article breaks down what you need to know about emotional distress claims in Florida.

Emotional Distress in the Law

Under Florida law, emotional distress claims fall within personal injury law. Emotional distress damages address psychological harm rather than physical harm. They can occur due to accidents, harassment, abuse, or trauma. While emotional harm can be as life-altering as physical injuries, it is challenging to prove. This makes it essential to understand the claims process and what you’ll need to show to pursue a lawsuit.

Types of Emotional Distress Claims in Florida

In Florida, individuals can seek compensation for emotional distress under various legal theories. The main types of emotional distress claims include:

Negligent infliction of emotional distress. To file a claim under NIED, the plaintiff must show that the defendant’s negligence caused their emotional suffering. In Florida, this typically requires a physical injury accompanied by distress. Otherwise, the plaintiff must have been within the “zone of danger” created by the defendant’s negligence.
Intentional infliction of emotional distress. For an IIED claim, the plaintiff must prove that the defendant’s conduct was too extreme and outrageous. This extreme conduct must go beyond the bounds of acceptable behavior in society. The defendant’s actions must have been intentional or reckless. Ultimately, this conduct must have caused severe distress for the plaintiff.

Each personal injury matter depends on specific facts, and emotional distress claims are no different. Your overall damages can depend on the extent and severity of the emotional impact you experience.

Key Elements of an Emotional Distress Claim

To bring an emotional distress claim in Florida, you must establish several factors:

Duty of care. You must first show that the defendant had a duty of care toward you. This duty varies depending on the nature of the relationship and the specific circumstances. For instance, a driver has a duty to operate their vehicle safely. A business has a duty to maintain a safe environment for customers. When defendants breach their duty of care, it can lead to damages for innocent victims.
Breach of duty. The defendant must have breached their duty of care through negligence or misconduct. In an IIED case, the conduct must go beyond what society considers acceptable.
Causation. You must prove a direct link between the defendant’s actions and your emotional suffering. You must show your distress was a foreseeable consequence of their behavior.
Damages. You must provide evidence of the emotional distress and its impact on your life. This can include medical records, therapy notes, prescriptions, and testimony from mental health experts. Damages may also cover costs for therapy and loss of enjoyment of life.

Florida law provides a legal remedy when you suffer emotional harm. You don’t have to bear the costs of mental recovery on your own. Consult with an experienced personal injury lawyer to learn how to pursue compensation.

Challenges in Pursuing Emotional Distress Claims

While Florida law allows for emotional distress claims, several challenges are often associated with these cases:

The severity of emotional distress. The distress must be severe. Everyday stress or minor upset won’t meet the standard. You must show how the distress harmed your life, relationships, or job performance.
Statute of limitations. In Florida, there is a limited period in which you can file a lawsuit. This is the statute of limitations. For emotional distress claims, this period can vary based on the specific claim but is typically two years. It is critical to consult with an attorney to ensure you file within the required timeframe.
Proof and documentation. Because emotional distress is intangible, evidence of psychological harm can be difficult to provide. Gathering documentation such as medical records, therapy notices, expert testimony, and statements from witnesses can help strengthen your case.
Jurisdictional considerations. Each state has its own rules on emotional distress claims. Consult with an experienced personal injury lawyer to learn about Florida’s specific requirements.

If you are suffering after an injury, you can get help. Turn to a quality legal advocate at Shaked Law Personal Injury Lawyers to learn how to hold the wrongdoer accountable.

Steps to Take If You’re Considering an Emotional Distress Claim

If you’re suffering from emotional distress, you can take the following steps:

Seek professional help. Visiting a licensed mental health professional for diagnosis and treatment can help both your recovery and your claim. Therapy records may serve as valuable evidence to document the extent of your injuries.
Gather evidence. Collect any documentation that can support your claim, such as witness statements, incident reports, and medical records. Photos, videos, and notes taken at the time of the incident can also help show the impact of the distress.
Consult with an attorney. A seasoned personal injury lawyer can assess your case, guide you through the process, and develop a plan to pursue compensation.

Following these steps can ensure that your legal rights are protected. These steps will help you preserve important documentation and prevent you from jeopardizing the integrity of your case.

How Shaked Law Personal Injury Lawyers Can Help

Pursuing an emotional distress claim in Florida requires meeting strict legal criteria. This will require you to compile substantial evidence to support your case. If you believe you have a valid claim for emotional distress, consulting with an experienced personal injury attorney is paramount. At Shaked Law Personal Injury Lawyers, we’re here to help you navigate the complexities of Florida law. We will help you gather evidence and build the strongest case possible.

Contact our office today to schedule a no-risk consultation to discuss your options. Let us help you seek justice for the emotional suffering you have endured.

Contact Our Personal Injury Law Firm in Miami, FL

If you’ve been injured in an accident in Miami, FL, and need legal help, contact our Miami personal injury lawyers at Shaked Law Personal Injury Lawyers to schedule a free consultation.

Shaked Law Personal Injury Lawyers
20900 NE 30th Ave Suite 715
Aventura, FL 33180
(305) 937-0191