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In the state of Florida, if you have suffered mental anguish – otherwise known as emotional distress – as a consequence of an accident caused by another person or entity, then you may be entitled to damages on the basis of having suffered such emotional distress.

Emotional Distress Definition

Emotional distress is an element of the noneconomic damages portion of a Florida personal injury claim.  Whereas economic damages encompass such damages as wage loss, medical expenses, and property losses, noneconomic damages encompass such damages as pain and suffering, emotional distress, and quality of life deterioration.

Emotional distress can be difficult to define, but it is typically interpreted as the suffering uniquely associated with anxiety, distress, trauma, shame, fear, and other negative emotions closely linked to the aftermath of an accident (and in many cases, linked to a long and arduous injury recovery process). 

As emotional distress is not measurable in quantifiable ways, your attorney will argue in favor of emotional distress using qualitative descriptions and observations made by attending physicians, in addition to the testimony of other medical and psychotherapeutic experts.

Confidentiality Privilege is Waived

In Florida, plaintiffs enjoy what is known as the psychotherapist-patient privilege.  The psychotherapist-patient privilege is a confidentiality privilege that protects plaintiffs from having their total psychiatric history, records, and other data revealed and available to the defendant for use as evidence.  The privilege is meant to protect the privacy of plaintiffs who are not asserting any claims related to their psychological well-being. 

For example, a plaintiff who asserts (in his personal injury lawsuit) only wage loss, medical expenses, and standard physical pain and suffering will likely have his psychiatric records protected from being investigated by the defendant.  The plaintiff has not made their psychiatric records relevant to the case at-issue.

When you bring an emotional distress claim in Florida, however, you essentially waive your psychotherapist-patient privilege.  By asserting emotional distress, you have made your psychiatric records – at least a portion – relevant to the case at-issue. 

Not only can this hurt your overall case (if the defendant gains access to information that they can use to discredit or demonize you to the jury), but it can reveal sensitive information to the public.  If you are uncomfortable with waiving your privilege, speak with your attorney to see if there are alternative litigation strategies that you can pursue.

If you have been injured in a motor vehicle accident and have suffered mental anguish, then you may be able to assert emotional distress as part of your injury claim.  Contact Randall Spivey, a skilled Fort Myers personal injury attorney at the Spivey Law Firm, Personal Injury Attorneys, P.A. today. He and his team will provide a free and confidential consultation to discuss your legal rights.