If you have injuries from a car accident in Florida, you can file an insurance claim to cover the cost of your medical bills, lost work income, and other injury-related losses. Depending on your circumstances, you may also be able to recover compensation for any emotional distress you experienced due to the accident. However, Florida has specific rules for claiming compensation for severe emotional distress after a car accident, so you need to know the conditions and limitations.
What Is Emotional Distress in a Florida Legal Claim?
Emotional distress can refer to any negative psychological consequences of experiencing a traumatic event. The pain and loss from an accident can cause significant mental suffering, especially if it causes permanent injury or the death of a loved one. Florida recognizes car accident victims’ rights to recover compensation for these types of intangible losses.
Symptoms of emotional trauma after a car accident might include:
- Post-traumatic stress disorder (PTSD)
- Depression and anxiety
- Mood changes
- Difficulties sleeping
- Chronic fatigue or lethargy
- Changes in weight or appetite
- Loss of enjoyment or pleasure
- Feelings of hopelessness or pessimism
- Suicidal thoughts or ideation
When Can You Claim Emotional Distress After a Car Accident?
In general, Florida’s “impact rule” requires you to have suffered an actual physical injury to sue for emotional suffering. In other words, physical injuries from the car accident must be the direct cause of your psychological harm.
However, the impact rule is not ironclad, and courts have ruled on several exceptions that would be relevant to car accidents. For example, you may be able to recover emotional distress compensation without a physical injury if you witnessed the death of a loved one in the accident. You can talk to an attorney if you are unsure of whether your accident meets the threshold for claiming emotional distress damages.
How to Prove Emotional Distress in a Personal Injury Case
Emotional distress claims are challenging to pursue because of the abstract nature of the loss. Unlike physical injuries, emotional and mental anguish are subjective and not observable. Evidence in an emotional distress claim might include:
- An expert opinion from mental health professionals
- Journal entries documenting emotional state
- Mental health treatment/therapy notes and records documenting psychological injuries
- Statements from friends and family
- Personal testimony regarding emotional distress
- Medical documentation of injury severity
Why You Need a Personal Injury Lawyer for Emotional Distress Claims
Since emotional distress losses don’t have a definite dollar amount, insurance companies and lawyers use several methods to calculate them. An attorney can represent you in an emotional distress claim and fight to ensure you are properly compensated for your mental losses. An attorney can gather the necessary evidence and file all the required car accident claims and lawsuit forms.
You have limited time to sue for emotional distress after a car accident, so we recommend getting started as soon as possible. Zimmet & Zimmet has years of experience pursuing emotional distress claims after car accidents in Florida, and we’re ready to talk with you about yours. Contact one of our car accident attorneys online or reach out by phone today to discuss compensation for emotional distress after a car accident.
