Is Emotional Distress a Personal Injury in Florida?

Major emotional trauma can leave you with plenty of psychological damage. A negligent psychologist, employer, or other party in your life can leave you mentally harmed to a degree that seriously impacts your life. You may wish to pursue legal action against those who hurt you, but you may be unsure about your options. After all, is emotional distress a personal injury in Florida? If so, you’ll need to learn more about the requirements of a personal injury claim.

Skilled Personal Injury Lawyer in Florida

At Paul Figueroa Law, we understand the difficulties that can arise when building a personal injury case. Paul Figueroa has been assisting the people of Tampa with a variety of personal injury claims for years. Paul has received the Extra Mile Award from the Florida Association of Criminal Defense Lawyers and has made the news many times for his outstanding work. He has the knowledge and experience to help with your emotional personal injury claim.

Types of Emotional Personal Injury Claims

Florida has the highest rate of personal injury cases nationwide, at 127.41 per 100,000 people. If you’re facing a personal injury claim, it’s important to know the legal requirements.

Florida personal injury laws allow for claims based on emotional distress and for pain and suffering. Claims based on emotional harm are centered around two main types.

The first is Negligent Infliction of Emotional Distress (NIED). NIED cases claim that through the negligence of another party, emotional harm was done to the point that the injured party developed physical effects. Symptoms that may result from a NIED case include:

• Panic attacks
• Insomnia
• Post-traumatic stress disorder (PTSD)
• Depression
• Suicidal thoughts

The second type of personal injury claim related to emotional damage is Intentional Infliction of Emotional Distress (IIED). This category can be trickier to pursue since the injured party must prove that the defendant was purposeful in causing harm.

These personal injury cases rely on strong evidence, such as witnesses, who can affirm that the defendant was acting inappropriately. For IIED cases, there is generally no requirement to prove direct physical effects or pass the Florida Impact Rule.

The Florida Impact Rule

The Florida Impact Rule requires that a personal injury claim have a physical effect on the victim based on case law established in the late 1800s. If you are filing an NIED personal injury claim and have no evidence of physical symptoms, you may find difficulty arguing your position.

Important exceptions have been established over the years that may allow for the bypassing of the impact rule. The following are just a few established ways for a case to ignore this rule:

• Therapist misconduct. You might be able to ignore the impact rule if you were harmed by a liable mental health worker. A psychologist who breaches patient confidentiality or is negligent in providing care is a clear example of misconduct.
• Touch rule. This exception revolves around any contact between the injured party and the defendant. In 2007, a woman had her car stolen at gunpoint. The Florida Supreme Court allowed her to collect emotional distress damages because the gunman touched her with the pistol, thus bypassing the physical harm requirement.
• Bystander claim. Witnessing a serious injury or death, especially of a loved one, in an accident, can be grounds to exclude the impact rule.

Some cases that do not fall under an IIED or the examples above may still be able to bypass the Florida Impact Rule. Speak with a personal injury attorney to discover if the rule applies to your case.

Hire a Personal Injury Lawyer

Emotional distress personal injury cases can be challenging claims to work on your own. Whether it’s an NIED or IIED, legal aid can make all the difference. Hire a personal injury lawyer who can provide you with the guidance you need throughout the legal process.

Personal injury attorneys have the familiarity with Florida personal injury law necessary to develop strong legal strategies. They know how to gather evidence, question witnesses, and fight for the outcome you deserve.

FAQs

Q: How Much Does a Florida Personal Injury Lawyer Cost?

A: The cost of personal injury lawyers in Florida is not a set amount. The pricing relies on a variety of factors, such as the complexity of the case, the work hours required, and the experience of the representation. The fees are generally hourly, but they can also be retainer or results-based. Speak with a personal injury lawyer about the details of your case to get a specific price point.

Q: Is Emotional Distress Considered Bodily Injury in Florida?

A: Emotional distress in Florida is not typically categorized automatically as bodily injury. However, if you had physical symptoms develop from the distress, such as panic attacks or PTSD, it can fall under bodily injury. If your case proves intent to cause emotional distress, it may not need the standard bodily injury requirements for personal injury cases.

Q: Does Emotional Distress Count as Personal Injury?

A: Emotional distress can count as personal injury. NIED cases require physical symptoms to develop, while IIED cases need proof of intentional harm. Both cases are built on strong evidence that your emotional distress was directly caused by another party who has negatively affected your life. Your personal injury lawyer will know which category your case falls under. They can help find evidence.

Q: How Long Do You Have to File an Emotional Distress Personal Injury Claim in Florida?

A: In Florida, you generally have two years to file emotional distress personal injury claims. It may be harder to understand the timeline if your case is built against someone who demonstrated a pattern of misconduct. If the psychological harm was caused at a specific time, you will have two years from that date.

Meet With a Personal Injury Lawyer Today

An emotional distress claim can be overwhelming, but you don’t have to go through it alone. Paul Figueroa Law is ready to hear your story and begin assisting with your next steps. Contact us today for a consultation or visit our Tampa office, located on Jackson Street in the heart of downtown Tampa.