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.