What is the Impact Rule in Florida?
If you have been hurt in an accident that was the fault of someone else, you may have the right to financial compensation. Known as damages, this compensation can help you recover your medical expenses, lost income if you cannot return to work, and emotional distress. Damages for emotional distress can greatly affect the amount of compensation you receive, but these damages are usually subject to Florida’s ‘impact rule.’ Our Tampa personal injury attorney explains more about this rule below.
Understanding Florida’s Impact Rule
To file a claim for damages, you must prove that someone else acted negligently. You must also show that the negligent act caused the accident and you suffered injuries as a result. The term ‘injury’ is often used to describe not only physical harm, but intangible losses as well, such as emotional distress.
Under the impact rule in Florida, though, you typically are not eligible to file a claim for emotional distress and other non-economic losses if you did not suffer a physical injury. If someone else’s actions were cruel, callous, or negligent but you did not sustain any physical injury, you typically cannot sue to recover damages for emotional distress.
Exceptions to the Impact Rule in Florida
The Florida Supreme Court has determined that there are many important exceptions to the impact rule. These include cases that involve the following:
- Exposure to asbestos
- Intentional torts such as sexual abuse, assault, and murder
- Mishandling the remains of a loved one
- Consuming contaminated food or drink
- Witnessing a violent death or an unusually catastrophic accident
- Breaches of confidentiality by a mental health professional such as a psychiatrist
Although there are many exceptions to the impact rule in Florida, the majority of claims for emotional distress damages that do not involve actual physical harm must adhere to the case law established by legal precedent.
Proving Emotional Distress
Just as you must prove the physical injuries you suffer as a result of an accident, you must also prove the emotional distress you have endured, and will endure in the future. There are many different types of evidence that can strengthen your claim for emotional distress and they are as follows:
- A written diagnosis from your psychiatrist or psychologist
- Detailed records from a mental health provider
- Expert testimony from a mental health expert
- Eyewitness testimony from people who saw the accident
- Testimony from family members, friends, and others who have direct knowledge of your emotional and mental state
Insurance companies will likely try to argue that you are exaggerating the degree of emotional distress you are experiencing. As such, the more evidence you can collect to prove your claim, the more compensation you can generally receive.
Our Personal Injury Attorney in Tampa Can Help You Claim Full Damages
Filing a personal injury claim cannot take away your injuries or pain, but it can help you recover the losses you suffered due to another person’s negligence. At Moore Law, our Tampa personal injury attorney can advise on the evidence that will strengthen your claim and accurately value your case so you obtain the full settlement you deserve. Call us now at 813-510-5400 or contact us online to request a consultation and to learn more about how we can help.
Source:
supremecourt.flcourts.gov/content/download/365105/file/04-1747_acAFTL.pdf
