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Suffering severe injuries in a traumatic accident can be a life-altering experience, and accident victims can face psychological consequences long after their physical injuries heal. Sadly, some accident victims may deal with emotional distress for months or even years after an accident. 

But victims are not the only ones who can suffer. Family members who witness the effects of their loved ones’ accidents also suffer emotional distress. In Florida, victims and family members can obtain financial compensation for their emotional distress in many cases—provided that they meet the requirements of Florida’s “Impact Rule.”

What Is Florida’s “Impact Rule” for Emotional Distress Compensation?

On its face, Florida’s Impact Rule is pretty simple: In order to seek financial compensation for emotional distress, a claimant must be able to prove that his or her psychological condition is the result of a physical impact. In non-fatal accident cases, this physical impact will almost always be present, as accident-related injuries virtually always result from some form of physical trauma. Some common examples of “impact” in personal injury cases include:

• Being injured in a car accident
• Collisions with airbags, headrests, dashboards, windows, and other vehicle components
• Collisions with steering wheels, windows, seats, tables, and passengers in boating accidents
• Seatbelt trauma
• Impact with a vehicle or the road in a bicycle or pedestrian accident
• Impact with the floor in the case of a slip, trip or fall
• Impact with products or product components when defective items fail or explode
• Physical abuse or assault in nursing home negligence cases

What about family members? While family members may not suffer a physical impact, the Florida courts have ruled that family members can seek compensation for their emotional distress when they witness a loved one’s serious or fatal accident. The courts handle family members’ claims on a case-by-case basis, and family members must be able to present medical evidence of their psychological trauma to recover damages.

What Constitutes “Emotional Distress?”

Now that we’ve covered when you can seek financial compensation for emotional distress in Florida, it is worth taking a step back and asking: What constitutes “emotional distress?”

While this term is well-known, it isn’t necessarily well-defined. Rather than having one specific meaning, “emotional distress” is generally understood to refer to the psychological effects of experiencing (or witnessing a loved one experience) a life-altering or life-threatening injury. For example, the Legal Information Institute (LII) at Cornell Law School describes emotional distress as:

“Mental suffering as an emotional response to an experience that arises from the effect or memory of a particular event, occurrence, pattern of events or condition. Emotional distress can usually be discerned from its symptoms (ex. Anxiety, depression, loss of ability to perform tasks, or physical illness).”

When seeking financial compensation for emotional distress, it is necessary to have a formal medical diagnosis. Simply experiencing symptoms is not enough—the insurance companies aren’t going to take you at your word. Of course, obtaining treatment is essential for your mental health as well. Anyone experiencing emotional distress symptoms should consult with a licensed and qualified doctor promptly, and they should speak with an injury lawyer about their legal rights as soon as possible.

How Much Can You Obtain for Emotional Distress in Florida?

If you are entitled to financial compensation after an accident in Florida, the next question is: How much are you entitled to recover?

The answer to this question depends on your individual circumstances. The effects of emotional distress are uniquely personal and calculating proper compensation for your emotional distress requires an in-depth understanding of how your (or your loved one’s) accident has impacted—and will impact—your life.

One of the first steps toward calculating appropriate compensation for emotional distress is collecting relevant evidence. Generally speaking, the more evidence you have, the better. Some examples of the types of evidence that can be used to build an emotional distress claim in Florida include:

• Records of your psychological or psychiatric care
• Prescription records and receipts for anti-anxiety medications and other drugs
• Testimony or sworn statements from friends or family members
• A daily log, diary or “pain journal” detailing the effects of your emotional distress
• Videos, photos, and other documentary evidence showing how your emotional distress has negatively impacted your life

Your injury lawyer will build a compelling case for proper compensation using all the available evidence. There are no “standard” awards for emotional distress in Florida. Instead, juries determine what is fair and just in the light of the evidence.  Your attorney can ask the jury to 

use one of two common methods for calculating an appropriate settlement amount or verdict:

• The Multiplier Method – With the multiplier method, the first step is to calculate your financial losses (i.e., your medical costs, lost earnings, and other out-of-pocket expenses). This number is then multiplied by a number, typically between 1 and 5, based on the proven severity of your emotional distress.
• The Per Diem Method – With the per diem method, compensation for emotional distress is determined by calculating a daily compensation rate and then multiplying this daily rate by the number of days you are likely to experience emotional distress.

Discuss Your Case with Injury Attorney Randall L. Spivey at Spivey Law Firm, Personal Injury Attorneys, P.A. for Free

If you need to know more about seeking financial compensation for emotional distress following a serious or fatal accident in Florida, we invite you to get in touch. To schedule a free, no-obligation consultation with attorney Randall L. Spivey, please call 888-477-4839 or contact us online today.