South Florida Injury Lawyer Blog
Historically, Florida residents who experienced emotional distress due to the negligence of another person were not able to prevail in a personal injury lawsuit unless the psychological trauma was associated with a physical injury. This is referred to as the “impact rule.” In other words, a plaintiff cannot recover for emotional distress unless that distress arises from physical injuries caused by physical impact.
However, recent changes in the legal environment in Florida have opened up the possibility that, in certain clear-cut and serious cases, a victim who has experienced emotional or psychological harm, PTSD, or other mental health issue clearly caused by the accident or event may receive compensation when the emotional distress has led to physical harm—in a sense, the reverse of the impact rule.
Emotional Distress and the Impact Rule
Florida law recognizes two types of emotional distress: negligent infliction of emotional distress (NIED) and intentional infliction of emotional distress (IIED). In cases of accidents and acts of negligence, we are generally dealing with NIED, in which someone’s negligent behavior has caused emotional trauma to another person.
Types of emotional distress include:
- Mental anguish: a high degree of emotional pain
- Emotional trauma: emotional anguish that impedes a person’s ability to cope, diminishing their ability to function to the full capacity that they did prior to the incident
- Post-traumatic stress disorder (PTSD): a powerful emotional reaction to a terrifying or traumatizing event, which may cause flashbacks, panic attacks, severe anxiety, inability to sleep or nightmares, and uncontrollable thoughts about the event
There is no question that such pain and suffering can be as agonizing as physical injuries, or even more so. However, in most cases in Florida, a physical manifestation of the emotional distress is needed for a plaintiff to prevail in a lawsuit. For instance, if your emotional distress can be linked to the development of severe migraines, high blood pressure, or heart disease, your claim for compensation may be successful.
One of the first cases in Florida that opened the door for psychological distress compensation was a very sad case, Champion vs Gray: a drunk driver drove off the road and struck and killed Karen Champion outside her home. Her mother, Joyce, heard the impact, ran outside, and was so shocked at the sight of her dead daughter that she experienced a heart attack and died on the spot. Joyce’s husband, Walton, sued on his wife’s behalf. The Florida Supreme Court ruled in 1985 that under certain circumstances, severe emotional distress deserves compensation if it leads to physical manifestation.
Another terrifying case was Zell vs. Meek (Fla. 1995), in which a woman witnessed the death of her father by the explosion of a bomb left outside their house. While the woman did not suffer physical damage from the terrible explosion that ripped through her house, she did experience immediate emotional trauma. After about nine months, that trauma manifested itself in severe digestive issues, including blockage of her esophagus, difficulty in swallowing and breathing, and joint pain, all attributable to the emotional trauma of her father’s death. Despite the delayed physical reaction, the Supreme Court ruled in her favor.
Since then, courts have leaned on four elements to accept a claim for psychological injury:
- The plaintiff must experience some physical harm
- That harm must be attributable to the psychological harm
- The plaintiff must have been involved in some way with the event (i.e., not just hear about it later)
- The plaintiff must have a close personal relationship with the directly-injured person, if it involves someone other than the plaintiff (i.e., not just a witness to an accident involving strangers)
Evidence of emotional distress
As a personal injury attorney, I help my clients provide the strongest evidence to ensure significant compensation for their injuries. In order to succeed in any personal injury case, you must show evidence of injury. This is even more important for proving emotional distress. You will need to demonstrate medical expenses, medications, mental health expenses such as counseling, loss of income, or any other evidence that would show the court that your life has been severely impacted. But in most cases, this is still not enough in Florida courts. They need to see that your emotional trauma has caused you physical harm.
Therefore, as your personal injury lawyer, I’ll help you collect any and all medical evidence to demonstrate a strong link between your emotional distress and physical ramifications. We’ll strengthen your case with statements from your doctors supporting the diagnosis of psychological and emotional harm and with expert testimony supporting the link between your emotional trauma and your physical health issues.
If you have been emotionally traumatized by an accident or event that was caused by someone else’s negligence, contact me from anywhere in Florida at (954) 448-7288, 24/7, for a free consultation to discuss your case. I leave no stone unturned to help my clients receive the compensation they deserve.