Table of Contents

    Emotional distress often arises when people are involved in accidents and badly injured. Depending on the circumstances, you might also be able to claim damages for emotional distress in an independent claim.

    Damages for emotional distress are standard in personal injury cases. In Florida, plaintiffs are usually required to prove “physical impact” to claim damages for emotional distress. However, claims for the intentional infliction of emotional distress do not require physical impact. In other cases, it may be possible to circumvent the physical Impact Rule. While these damages can be subjective and tricky to evaluate, they may warrant substantial compensation.

    Ask our Miami, FL personal injury attorneys for a free, private legal review by calling Graves Injury Law Firm at (305) 614-2767.

    Suing for Emotional Distress

    While emotional distress is a common claim in personal injury cases, it may also be possible to sue for emotional distress as an independent claim.

    Non-economic damages for emotional distress are generally available in most personal injury claims, but these damages are often connected to a physical injury, not emotional or mental injuries alone. However, Florida allows plaintiffs to file claims for the intentional or negligent infliction of emotional distress, and a physical injury is not always required, depending on the circumstances.

    Claiming Damages for Emotional Distress as Part of a Personal Injury Lawsuit

    When claiming damages for emotional distress as part of another claim, such as a personal injury lawsuit, your claims must adhere to the “Impact Rule.” Put another way, our Florida personal injury lawyers must prove how your emotional distress is directly linked to your injuries and the accident. If there is no physical impact or you suffer no physical injuries, you typically cannot claim damages for emotional distress, and there are no accompanying personal injuries.

    Can You Sue for Emotional Distress Without Physical Injuries?

    Generally, claims for emotional damages must follow the Impact Rule, which requires physical injuries or some physical impact. However, there are situations in which a plaintiff may claim damages for emotional distress without having to satisfy the Impact Rule.

    You may file claims for negligent infliction of emotional distress or intentional infliction of emotional distress. These are independent claims and do not always require physical harm. However, getting around the Impact Rule can be tricky and is not always possible.

    How to Sue for Intentional Infliction of Emotional Distress

    Claims for intentional infliction of emotional distress (IIED) are independent claims that do not require proof of harm or a physical impact. Keep in mind that these claims are considered challenging to prove.

    Proof of Reckless or Intentional Conduct

    First, you must prove the defendant’s intentional or reckless conduct. In most cases, plaintiffs must prove how the defendant knew their actions would cause intense distress.

    Conduct is Extreme or Outrageous

    Second, we must prove that the defendant’s actions were outrageous or extreme. Ordinary threats or harsh words are not considered extreme enough for this kind of claim. However, taking advantage of someone’s known disabilities or vulnerabilities may qualify. For example, leaving someone trapped in a room without their wheelchair for hours on end may be grounds for IIED claims.

    Direct Causation

    Third, we must show that the defendant’s conduct is the direct cause of your emotional distress. Witness testimony about your reaction to the conduct, and even testimony from mental health experts, may help.

    Emotional Distress is Severe

    Finally, the emotional distress you experience must be severe. Minor to moderate irritation or annoyance is not enough. Your distress should be so extreme that it interferes with your life. Many plaintiffs claim severe mental breakdowns and lasting emotional trauma.

    How to Sue for Negligent Infliction of Emotional Distress

    Negligent infliction of emotional distress (NIED) is an independent claim that is bound by Florida’s Impact Rule, but plaintiffs are not required to prove other damages related to the impact or injury (e.g., medical bills).

    Proof of Negligence

    Unlike IIED claims, NIED claims are based on negligent conduct rather than intentional or reckless actions. As such, we must prove how the defendant owed you a duty of care and that they did something, or failed to do something, that breached that duty.

    Physical Impact

    There must be a physical impact or bodily harm. If there are no bodily injuries or any direct physical contact, you cannot claim negligent infliction of emotional distress.

    Emotional Distress Flowing from Physical Impact

    The physical impact must be the direct and proximate cause of your emotional distress. Your distress must be the direct result of the impact and not some other reason.

    Exceptions to the Impact Rule When Suing for Emotional Distress

    It may be possible to circumvent the Impact Rule under the Bystander Exception. This exception involves witnessing a traumatic injury or death of a family member. However, the plaintiff in such a case must still prove they suffered some real harm because of what they witnessed.

    A clear, if not somewhat extreme, example is a plaintiff who suffers a sudden heart attack after witnessing someone stab their family member to death. The plaintiff need not prove physical impact from the defendant, but they must still prove real harm caused by their distress.

    What Evidence Do You Need to Prove Emotional Distress?

    Proving mental distress can be tricky, as it is something you feel rather than see. Even so, the following evidence may help us prove your claims:

    • Mental health treatment and records
    • Expert testimony
    • Your therapist’s notes
    • Personal journals or diaries.

    Are Damages for Emotional Distress Substantial?

    Possibly. In cases of severe emotional distress, plaintiffs often live with the aftermath of the defendant’s behavior for many years. Deep psychological scars and emotional turmoil can make life very difficult. The greater your emotional distress affects your life, the more damages you should claim.

    How Much Time Do You Have to Sue for Emotional Distress?

    Claims for personal injury involving emotional distress or for NIED must be filed within 2 years of when the distress was triggered, usually from the date of the accident or negligent conduct. IIED claims must also be filed within 2 years of the defendant’s outrageous conduct.

    Discuss Your Claims with Our Florida Personal Injury Attorneys Today

    Ask our Fort Lauderdale, FL personal injury attorneys for a free, private legal review by calling Graves Injury Law Firm at (305) 614-2767.