Yes, suing for emotional distress or suing for mental anguish in Florida is permitted. In the legal context, mental anguish or emotional distress is defined as a largely psychological and non-physical injury that can be claimed in a civil lawsuit, including a personal injury claim in Florida.
The law typically acknowledges that emotional distress is a state of mental suffering that an individual experiences because of the negligence or intentional acts of another individual. Often, these acts are of a physical nature.
It is important to be aware that, in an emotional distress case, an individual will only be able to sue for emotional damages if the traumatic incident also resulted in physical harm. Some courts, however, have recognized that an individual may have the right to monetary damages for an emotional distress claim without a showing of physical harm in cases of sexual harassment or defamation.
These cases often require expert testimony from professionals, such as psychiatrists or therapists. This testimony is used to evaluate the range of monetary damages that are associated with the individual’s injuries.
An individual who experienced the trauma, in addition to relatives and bystanders, may also be able to file an emotional distress claim. It can be difficult to recover damages in these types of cases because, in contrast to broken bones or other physical injuries, it can be hard to prove injuries occurred.
Because of this, it is important to consult with a local attorney in Florida to determine if an emotional distress claim may be appropriate based on an individual’s unique situation.
What Is the Zone of Danger?
The majority of jurisdictions require that an individual who is making an emotional distress claim be within the zone of danger. This is the area where an individual may be in actual physical peril from the negligent conduct of another individual.
In other words, in order to recover for emotional distress, an individual has to either be injured themselves or be in danger of physical injury. One common example of this is when an individual is in a car accident with their family because of the negligent driving of a drunk person. They may be able to recover for the emotional distress they suffered from their physical injuries as well as the injuries their family suffered.
What Types of Emotional Distress Claims Are Available?
There are two main categories of emotional distress claims, including:
- Negligent infliction of emotional distress
- Intentional infliction of emotional distress
Negligent infliction of emotional distress occurs when a defendant’s conduct is accidental or unintentional. However, there still has to be a causal connection between the defendant’s conduct and the emotional distress the plaintiff suffered. For example, if an individual witnesses the death or injury of a family member from a drunk driver, they may have a claim for negligent infliction of emotional distress.
Intentional infliction of emotional distress can be claimed when a defendant engages in reckless or intentional conduct. For example, if an individual suffers from post traumatic stress disorder due to having been repeatedly subject to bullying and workplace harassment with no remedy from the employer, they may have this type of claim.
How Much Can I Sue for Emotional Distress?
As noted above, a claim for emotional distress is often made as part of a personal injury claim. Within the personal injury claim, there will be a specific request for general damages and specific damages associated with the emotional distress.
General damages compensate the plaintiff for the injury itself and the associated pain and suffering. The amount of general damages that can be requested or awarded will vary depending on the severity of the plaintiff’s injuries and their pain and suffering.
Specific damages, or special damages, are intended to compensate an individual for the measurable losses that result from their injuries, such as:
- Past and future lost wages
- Therapy costs
- Medication costs
The total amount that will be awarded in an emotional distress claim will depend upon several factors, including, but not limited to:
- The amount of medical or psychotherapy bills
- How severely the injuries have affected the plaintiff’s ability to work
- How the injuries have impacted or affected the plaintiff’s life
When Can I Bring My Emotional Distress Claim?
Emotional distress claims have a statute of limitations or a time limit in which they have to be brought. Because of this, it is very important for an individual to consult with a lawyer as soon as they can to ensure their claim is filed within the time limit set in their jurisdiction.
A common statute of limitations period for claims of negligent or intentional infliction of emotional distress is two years from the date of injury. It is important to consult a Florida lawyer for the specific Florida statute of limitations for a plaintiff’s claim.
How to Prove Emotional Distress in Court?
A plaintiff has to be able to demonstrate in court that emotional distress has manifested in some way. Examples of ways emotional distress may manifest include:
- Feelings of humiliation or shame
- Anxiety
- Stress
- Insomnia
- Depression
- Self-destructive thoughts
- Another emotional response associated with a traumatic event
As discussed above, emotional distress cases may be difficult to prove because you cannot see a physical injury. These cases require proof and documentation of damages.
This means that a doctor, psychologist, or other health professional may have to diagnose the plaintiff with depression, post traumatic stress disorder (PTSD), or another mental health condition. These individuals will be required to share their findings in court as expert witnesses.
In order to prove intentional infliction of emotional distress, a plaintiff must establish the following elements:
- Outrageous conduct: The defendant’s conduct must have been extreme and outrageous, exceeding the bounds of decency tolerated in civilized society.
- Outrageous conduct is more than mere annoyances, threats, or insults.
- Intent or reckless disregard: The defendant must have intended to cause the plaintiff emotional distress or must have acted with reckless disregard for the probability of causing distress.
- Severe emotional distress: The plaintiff must demonstrate that they suffered severe or extreme emotional distress as a result of the defendant’s conduct.
- Causation: The conduct of the defendant must have been a substantial factor in causing the plaintiff severe emotional distress.
In order to prove negligent infliction of emotional distress, the plaintiff must establish the following elements:
- Duty: That the defendant owed them a duty of care.
- Breach of duty: That the defendant breached the duty they owed the plaintiff through negligent conduct.
- Causation: The defendant’s negligence was a substantial factor in causing the plaintiff’s emotional distress.
- Severe emotional distress: That the plaintiff suffered serious emotional distress as a result of the defendant’s negligence.
To prove these elements, a plaintiff can introduce evidence such as:
- Medical records
- Therapy notes
- Testimony from mental health professionals
Do I Need a Lawyer to Sue for Emotional Distress?
Emotional distress can be a difficult claim for you to prove in court, especially when you did not suffer a physical injury. These cases can also be quite expensive because of the need for expert witnesses to prove the extent of your injuries and the amount of money needed to allow for your recovery.
Because of the difficulty of these cases, it is very important that you consult with a Florida personal injury lawyer as soon as you can to ensure you are within the statute of limitations. Your lawyer will evaluate your claim, gather evidence to prove your injuries, find expert witnesses, and represent you in court.
Some attorneys may be able to take your case on a contingency fee basis. This means that they pay the up front costs and they only get paid if you win your case.
