Can you sue for emotional distress in Florida after an accident? Florida allows individuals to seek compensation for their pain, suffering, and emotional anguish after some mishaps. However, not everyone has a chance to file this kind of claim.
A personal injury lawyer in Florida from Fasig | Brooks can assess your situation to see if you qualify for emotional distress compensation. We can help you understand Florida’s legal codes and all possible damages for your claim.
Find out more by calling us or completing our online contact form.
Who Can Sue for Emotional Distress in Florida?
Generally, you can sue for emotional distress in Florida if you can prove that someone else’s negligent actions caused your pain and suffering. However, these claims often prove challenging because it’s difficult to prove you’re experiencing emotional distress.
However, your lawyer may build a claim depending on the available evidence and the facts of your case.
A law firm may also help you seek compensation for emotional anguish as part of a personal injury claim. In this case, you file a claim or lawsuit after experiencing a physical injury, and the claim includes your mental distress.
What Kind of Damages Are Emotional Distress in Florida?
Emotional distress qualifies as a “non-economic” damage in Florida. Non-economic damages do not have direct costs, making them harder to calculate when resolving an accident claim.
Insurance agents and law firms use a variety of formulas to calculate non-economic damages. In some cases, the value of these losses depends on the cost of your economic losses, which can include your:
- Healthcare expenses
- Wages lost at work
- Property damage
- Lost earning potential
However, our team believes in reviewing the specific non-economic damages you sustained, including any emotional distress caused by your accident.
How Can Lawyers Prove Emotional Distress in Florida?
Can you sue for emotional distress in Florida? Generally, you can sue for these losses if a lawyer can prove that someone else caused you pain, suffering, or mental anguish through negligence.
Lawyers strive to prove negligence by investigating the facts of your accident. Our investigations in Florida may include the following:
- Speaking with witnesses who saw the act that led to your emotional distress
- Going over any reports filed about the incident
- Reviewing the care you received for mental anguish
- Reporting any official diagnosis you receive for your distress
- Working with experts who understand pain and emotional suffering
Your lawyer may personalize the steps taken in the investigation, depending on the facts of your case.
How do You Know if You’re Experiencing Emotional Distress?
Generally, it’s easy to identify the physical injuries that come from an accident. However, many people feel unsure if their emotions qualify as distressed. Emotional distress may manifest itself as:
- Feelings of shame or humiliation
- Insomnia or other sleeping issues
- Feelings of depression or suicidal thoughts
- High levels of stress or anxiety
The above list contains only examples of symptoms of emotional distress. You can contact a lawyer to discuss the feelings you’ve experienced since your accident to see if they qualify you for compensation.
Do You Have to Sue to Get Damages for Emotional Distress?
While you may have a chance to file a lawsuit to get compensation for your emotional distress after an accident, your lawyer may also discuss other options to secure the funds you need. For example, you may file an insurance claim.
Lawyers negotiate with insurance agents to secure funds to cover all losses for their clients, including pain, suffering, and mental anguish. Generally, settling out of court allows you to avoid legal fees.
Additionally, you may receive compensation more quickly if you negotiate instead of filing a lawsuit after an accident or injury that led to emotional anguish.
What Accidents Can Cause Emotional Distress in Florida?
You may experience emotional distress after any kind of accident in Florida. However, lawyers often take on claims for clients after:
- Motor vehicle accidents
- Medical malpractice accidents
- Accidents caused by defective products
- On-the-job incidents
The above list contains only examples of situations that could leave you with anxiety, depression, and other forms of emotional distress. Work with a lawyer specializing in accident claims to learn more about your options.
How Much Can You Recover if You Sue for Emotional Distress?
The total compensation for your emotional distress after an accident in Florida often varies. Lawyers consider the full effects of the accident on your life when calculating these expenses.
When you reach out to us, we can discuss the possible emotional distress compensation available for your claim. In addition, we provide personalized attention to our clients, including considering your pain and suffering.
How Long do You Have to Sue for Emotional Distress in Florida?
You may have a chance to sue for emotional distress in Florida. Generally, you must file your legal claim before the state’s personal injury statute of limitations expires to secure funds to cover your losses.
Florida generally gives individuals four years to move forward with a legal claim. However, the time limit for your lawsuit may vary. Therefore, legal professionals recommend reaching out to a lawyer who can assess your situation and provide you with a detailed timeline.
Once the statute of limitations expires, you lose your chance to seek funds to cover your emotional distress and other losses.
If you are considering a lawsuit based on emotional distress, it is important to understand that Florida law places strict deadlines on filing a claim. Missing the deadline can prevent you from recovering compensation, even when the evidence strongly supports your case.
The time limit depends on the type of claim involved. In many situations, emotional distress damages are part of a personal injury lawsuit. Florida generally allows injured people two years from the date of the injury to file a negligence-based personal injury lawsuit.
If emotional distress damages arise from some other type of claim, a different deadline may apply. Because the applicable statute of limitations can vary, it is important to have an attorney review the circumstances as soon as possible.
Waiting too long to pursue legal action can have a devastating impact on your claim. In addition to potentially losing out on your ability to recover damages, delays can also make it more difficult to build the strongest possible case.
How Much Can I Recover If I Sue for Emotional Distress?
There is no standard settlement or verdict amount for emotional distress claims. Every case is different, and an attorney cannot promise a specific outcome given all of the factors at play. However, our attorneys can review your situation and advise you on the types of damage you might be entitled to recover. Those losses include the following:
Mental Anguish
The primary component of many emotional distress claims involves compensation for the emotional harm itself. This may include anxiety, depression, fear, humiliation, grief, trauma, sleep disturbances, and other psychological effects caused by the incident. The more significant and long-lasting the emotional impact, the greater the potential value of this part of the claim.
Medical and Mental Health Treatment Expenses
Many people seek treatment after experiencing serious emotional distress. You could be entitled to compensation for expenses related to psychological counseling, therapy, psychiatric treatment, prescription medications, and other mental health services. Not only can you seek damages for your past treatment, but you could also recover an award based on your future needs as well.
Lost Income
Severe emotional distress can interfere with a person’s ability to work. Some individuals miss work while receiving treatment. Others experience reduced productivity or become unable to continue working in the same capacity as before.
Evidence in an Emotional Distress Case
It is not enough for you to claim that you have suffered emotional distress due to someone else’s actions. You’re going to need evidence that proves liability and establishes the extent of your damages. Some of the types of evidence frequently used in these cases include the following:
- Medical records
- Therapy and counseling notes
- Personal journals documenting symptoms
- Statements from family members and friends
- Employment records showing missed work
- Photographs or videos related to the underlying incident
- Expert witness testimony
- Evidence of changes in daily activities or quality of life
The goal is to show not only that emotional distress exists, but also how the incident caused it and how it continues to affect the injured person’s life. The more thoroughly those effects can be documented, the stronger the claim becomes.
Speak to Us About Suing for Emotional Distress in Florida
Can you sue for emotional distress in Florida? Technically, the state allows you to file lawsuits for mental anguish and pain in some cases. However, not everyone qualifies to file this kind of lawsuit.
You can allow a personal injury lawyer at Fasig | Brooks to determine if you qualify for compensation. Let us look over your case today. Call or complete our online contact form and learn how to Come Back Stronger.
