Can You Sue for Emotional Distress in Florida?

Yes, you can sue for emotional distress in the state of Florida and you can recover damages.

Negligence-based claims often cause pain and suffering. These cases involve personal injury situations like car accidents or the wrongful death of a loved one. However, it may be difficult to prove emotional distress.

What Is Considered Emotional Distress in Florida?

Understanding emotional distress is important. It requires differentiating negligent and intentional infliction, symptoms, covered mental health conditions and physical manifestations required by law.

Difference Between Negligent and Intentional Infliction

Negligence involves unintentional actions causing injuries. Intentional infliction occurs when someone deliberately harms another person. Actions can be physical or psychological with a concerted effort to cause injury.

Symptoms and Manifestations of Emotional Distress

Emotional distress manifests in various ways. It can cause hopelessness, depression or anxiety. Physical symptoms may include headaches, diarrhea, nausea and vomiting, fatigue and chronic aches and pains.

Mental Health Conditions Covered

Certain mental health conditions are covered under emotional distress claims. They include depression, anxiety and post-traumatic stress disorder (PTSD).

Physical Manifestations Required By Law

Florida law allows plaintiffs to recover emotional distress damages if they suffer physical harm. For example, a person suffers physical injuries after being the target of road rage.

The Impact Rule in Florida Law

There’s an Impact Rule in Florida. It’s crucial to know its explanation and exceptions.

Explanation of the Impact Rule

Florida’s Impact Rule limits victims’ ability to recover compensation for emotional distress. It requires suffering physical harm that causes emotional, psychological or mental damages.

Exceptions to the Impact Rule

Exceptions to the Impact Rule exist that let plaintiffs recover compensation. One of the most common is losing someone to a wrongful death situation. Another is developing a disease over a long period due to work.

Proving Emotional Distress Claims in Florida

Different requirements exist when proving Florida emotional distress claims. They are establishing a direct link to a traumatic incident, evidence and documentation, expert testimony, medical documentation requirements, using mental health professional testimony and social media and digital evidence.

Establishing a Direct Link to a Traumatic Event

You must establish a direct link between emotional distress and a traumatic event. This requires proving the defendant’s negligence or intentional act has significantly affected your life.

Importance of Evidence and Documentation

Evidence and documentation prove physical harm and emotional distress. It includes medical records and expenses and a letter from a psychiatrist or psychologist. Proof of lost wages and income shows time missed from work due to your condition.

Role of Expert Testimony

According to Florida Statute 90.702, expert testimony plays a crucial role in emotional distress claims. Statements from medical or psychiatric professionals, based on scientific knowledge, are solid evidence.

Medical Documentation Requirements

Medical documentation must be presented to prove emotional distress. This includes medical records, prescription medications and treatments. You can also get statements from family members and friends explaining how your injury has affected you.

Using Mental Health Professional Testimony

Expert testimony from mental health professionals can strengthen your emotional distress claim. They can explain how the incident caused psychological damages.

Social Media and Digital Evidence

Social media and digital evidence can prove emotional distress. If someone online damages your reputation or habitually harasses you, it can cause psychological harm.

Statute of Limitations in Florida

Florida imposes a statute of limitations. It’s crucial to know the time limits for filing, exceptions, tolling and the impact of the discovery rule.

Time Limits for Filing Claims in Florida

According to Florida Statute 95.11, you have two years from the date of injury to file your claim. This includes cases involving emotional distress.

Exceptions to the Statute of Limitations

Exceptions to the statute of limitations apply in certain situations. The filing limit may be extended if the victim is mentally incapacitated or a minor, the case is in arbitration or the defendant has left the state.

Tolling of the Statute

Sometimes, the tolling of the statute. This means the period for filing is paused, affording the victim extra time.

Impact of Discovery Rule

The discovery rule impacts Florida’s statute of limitations. This happens when the injury symptoms lie dormant for a period.

Types of Damages Available in Florida

Different damages are available in Florida. They are economic, non-economic and punitive.

Economic Damages

Economic damages are easily distinguished. They include anything with monetary value such as medical expenses, lost wages and property damage.

Non-Economic Damage

Non-economic damages are challenging to value. They don’t have monetary costs and include emotional distress and other psychological damages.

Punitive Damages in Severe Cases

According to Florida Statute 768.72, punitive damages are awarded in severe cases. This occurs when gross negligence or intentional misconduct is involved.

Caps and Limitations on Damages

Emotional distress damages have caps in certain situations. They include preexisting conditions, medical malpractice-related cases and claims against government entities.

Common Scenarios for Emotional Distress Claims in Florida

Certain scenarios are common for emotional distress claims in Florida. They include car accidents, medical malpractice, workplace incidents, other traumatic experiences, domestic violence, defamation and privacy violations, cyberbullying and online harassment and wrongful death.

Car Accidents

Even minor car accidents can be traumatic. Serious ones causing injuries can cause PTSD and cripple your life.

Medical Malpractice

Doctors must provide quality care. If gross negligence occurs through medical malpractice, it can cause the victim emotional distress.

Workplace Incidents

Employers must have safety protocols to keep workers safe. Unfortunately, workplace incidents and injuries can still happen and cause emotional distress.

Other Traumatic Experiences

Other traumatic experiences can cause emotional distress. Slip-and-falls, dog bites and product liability can have serious ramifications.

Domestic Violence Cases

Domestic violence is shattering. Even when physical injuries heal, survivors can struggle with long-term psychological scars and emotional distress.

Defamation and Privacy Violations

Written or verbal defamation with malicious intent can cause psychological harm. This is especially true if privacy violations exist.

Cyberbullying and Online Harassment

Cyberbullying and online harassment often cause severe emotional distress. Adults and teens can suffer from these intentional acts.

Wrongful Death of a Loved One

The wrongful death of a loved one is one of the most devastating experiences. Survivors can suffer financial harm and mental anguish over their loss.

The Importance of Legal Counsel in Florida

Emotional distress claims are sometimes complex, stressing the importance of legal counsel. Your attorney knows how to handle your case and can use their expertise in your favor. They will negotiate the best compensation to cover your damages.

Frequently Asked Questions

 

How to Prove Emotional Distress in Florida?

Medical and therapy records, prescriptions, treatment and expert testimony can prove emotional distress.

How Much Can You Sue for Emotional Distress in Florida?

Florida has no limits on emotional distress damages unless your case involves medical malpractice or a government entity.

How to Prove Emotional Distress?

Emotional distress is proven by showing you’ve suffered physical harm causing psychological effects.

What Is an Example of an Emotional Distress Lawsuit?

An example of an emotional distress lawsuit is suffering a dog bite, developing a phobia of dogs and agoraphobia due to potentially encountering a dog in public.

Can You Sue a Spouse for Emotional Distress in Florida?

You can sue a spouse for emotional distress if you can prove damages.

How Much Can You Sue for Emotional Distress in Small Claims Court?

Florida small claims court allows up to $8,000 for emotional distress.

Can a Tenant Sue a Landlord for Emotional Distress in Florida?

Tenants can sue landlords for emotional distress in Florida.

Can I Sue My Neighbor for Emotional Distress?

You can use your neighbor for emotional distress if you can prove causation.