Florida personal injury laws recognize two causes of action that can be used by an individual who seeks compensation for mental anguish they have suffered as a result of another’s negligent conduct. In civil law, “mental anguish” is referred to as “emotional distress.” The term “emotional distress” covers the range of symptoms of extreme emotional upset that an individual might experience as a result of another’s negligence or intentional wrong.
So, an individual may suffer anxiety, depression, traumatic stress disorder (PTSD), anger, sadness, and/or other strong and upsetting emotions, and these feelings would all come within the definition of “emotional distress.” A local attorney in Florida would be able to provide more information.
The 2 causes of action that are available for an emotional distress lawsuit are as follows:
- Negligent Infliction of Emotional Distress (NIED): This is alleged in a complaint when one individual’s negligence causes another individual to suffer severe emotional distress.
- Intentional Infliction of Emotional Distress (IIED): This is alleged in a complaint when one individual’s intentional or reckless actions cause another individual to suffer severe emotional distress.
Florida law allows both types of emotional distress claims. An individual with questions about emotional abuse laws in Florida would want to seek legal advice.
What Kind of Lawsuit Includes Mental Anguish?
An individual may include an allegation of NIED or IIED in any civil lawsuit if the facts of their situation support the allegation. For example, in some cases in which a defendant intended to harm the victim without physically injuring them, e.g., a case for harassment or defamation, the victim might allege NIED or IIED.
Severe emotional distress, even without the presence of physical injuries, can lead to various types of mental conditions such as PTSD, depression, or anxiety. However, in Florida, a victim who seeks money compensation for emotional distress must prove they also experienced some physical impact also. Or, they must prove that they experienced some physical manifestation of their emotional injury.
An individual would claim NIED if the following is true:
- The defendant acted negligently, and
- The defendant’s negligence directly caused the victim to suffer significant emotional distress.
Of course, the victim must also establish that the defendant owed them a duty of care. If they breached the duty of care by acting negligently, then they can be liable to compensate the victim for their losses related to their injury, whether the injury is physical also or they suffer physical symptoms of their emotional distress.
In Florida, an individual may also sue for NIED if they were a bystander to an incident that causes physical injury to other people. This claim would require the victim to present evidence to prove the following:
- They are and were at the time of the incident closely related to a third-party.
- The defendant’s negligent actions caused physical injury or death to the third-party.
- The victim was present at the scene of the injury to the third-party at the time it occurred.
- The victim was aware of the injury to the third-party.
- As a result of the incident, the victim reasonably suffered severe emotional distress of a kind that would not be experienced by a bystander who was not related to the third-party.
The term “close relative” has been defined to mean a spouse, domestic partner, or other relative who lives in the same household with the third-party, the victim’s parents, siblings, children, and grandparents. Again, the relative relationship is critical, and unmarried cohabitants would not qualify as “close relatives.”
There are other exceptions to the Florida rule that emotional distress must be in addition to physical injury or that there must be physical symptoms of the distress. For example, victims of such intentional wrongs as invasion of privacy or defamation do not have to prove physical injury or physical symptoms of their distress.
Many Florida personal injury lawsuits include suing for mental anguish. They may do that by claiming damages for pain and suffering or by alleging infliction of emotional distress. These claims may be included in lawsuits that allege any of the following claims also:
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How Do I Prove Mental Anguish?
Emotional distress is a type of non-economic damage. It may, in some cases, be more challenging to prove than it is to prove physical injury and the pain and suffering that may go with that. However, it can be done if a victim is well prepared.
If an individual suffers physical injury in addition to mental anguish, it may strengthen their claim, but, again, it is not necessary for a claim to succeed. What a victim must prove is that their mental anguish, or emotional distress, has been severe and significant and accompanied by physical symptoms.
A victim can often show that they suffered physical symptoms caused by their mental anguish, such as the following:
- Panic attacks
- Physical symptoms of depression
- Insomnia
- Nightmares
- Flashbacks
- Fatigue, muscle tension, and chronic headaches.
A victim might consult with a social worker, psychologist or psychiatrist for treatment for the symptoms of their anguish. These professionals would then document the victim’s symptoms and any treatment that was provided. Medical records regarding a victim’s symptoms, diagnoses, and treatment would be among the best items of evidence for proving emotional distress in court.
When a person suffers emotional distress, they should also keep a detailed diary of their experience, noting especially any physical symptoms that they experience. They might also ask family members and friends to note their experience of the victim’s distress. Again, one should take special note of such physical symptoms as loss of appetite, overeating, headaches, and/or insomnia.
How Are Damages for Mental Anguish Calculated?
There are 2 popular methods for calculating an amount for damages for mental anguish in Florida as follows:
- The Multiplier Method: This method depends on having economic losses for such items as medical bills and lost income. It then relies on these numbers to calculate non-economic losses by multiplying the total for economic losses by a fixed number, usually from 1.5 to 4, to arrive at non-economic damages.
- The Per-diem Method: The per-diem method involves asking the judge or jury to determine a daily rate for a victim’s pain and suffering. That number is then multiplied by the number of days the victim has suffered and will suffer in the future.
Other factors that may affect the size of an award for non-economic damages are the location where the trial is held, the place in which the incident occurred, and other intangibles because certain locations within certain states are known for being more generous to victims than other places. In the final analysis, proving an amount for non-economic damages may be more of an art than a science.
Do I Need a Lawyer if I Am Looking To Recover Damages for Mental Anguish?
If you have been the victim of negligence or an intentional wrong that has caused you to experience significant emotional distress, you want to consult a Florida personal injury lawyer.
LegalMatch.com is able to quickly connect you to an experienced lawyer who can review the facts of your situation and guide you through the legal process so you can get the compensation you deserve.
