Suing for Emotional Distress After an Accident
If you have been hurt in an accident, whether it is a car crash or slip and fall, you may be able to file a claim against the negligent party who caused your injuries. If you are successful with a claim, you can recover compensation for the losses you sustained as a result. Along with your medical expenses, lost income, and other economic damages, you can also claim compensation for the losses that do not have an actual dollar value. This includes emotional distress. Below, our Tampa personal injury attorney explains in further detail.
What is Emotional Distress?
Emotional distress is challenging to define, as everyone will have a different emotional response to accidents, injuries, and the losses sustained. Generally speaking, emotional distress includes a number of psychological impacts that include anxiety, stress, and emotional responses due to trauma. Common examples of emotional distress include:
- Mental anguish: Mental anguish refers to the emotional distress, pain, and other psychological effects caused by the accident. Mental anguish can include feelings of shock, anger, humiliation, and fear.
- Pain and suffering: Pain and suffering encompasses the emotional suffering and physical pain suffered due to the accident. Chronic pain, depression, and anxiety are common effects of pain and suffering.
- Loss of enjoyment of life: Injuries are sometimes so serious they prevent injured individuals from enjoying the daily hobbies and activities they once did.
- Post-traumatic stress disorder (PTSD): The psychological effects of an accident can cause PTSD, which may require therapy to overcome.
- Loss of consortium: If the injuries from an accident negatively impact your relationship with your spouse or family members, whether it is a loss of affection, companionship, or intimate relations, you can claim loss of consortium damages.
- Inconvenience: Injuries suffered during an accident can cause a great deal of inconvenience, including dealing with legal proceedings, medical appointments, and changes in your daily routine. You can include these when pursuing damages for emotional distress.
Can You Sue Solely for Emotional Distress?
You cannot usually sue for emotional distress if there is no evidence of physical injury. This is because state law in Florida follows the impact rule. As the name implies, this term means there must be a physical impact or injury to the accident victim in order for them to recover compensation.
Still, the impact rule does include some exceptions. If you have not suffered a physical injury but have experienced emotional distress as a result of an accident, it is critical that you speak with an attorney about your case.
Our Personal Injury Lawyer in Tampa Can Advise On Your Case
Emotional distress is one of the hardest losses to contend with after an accident. At Moore Law, our Tampa personal injury lawyer can review the facts of your case, determine your total losses caused by someone else’s negligence and accurately value them so you obtain the maximum compensation you are entitled to. Call us today at 813-510-5400 or contact us online to schedule a consultation and to learn more about how we can help.
Source:
floridabar.org/the-florida-bar-journal/negligent-infliction-of-emotional-distress-where-are-we-now/
