In a personal injury case, usually, the damages you suffer are very obvious. You have a physical injury, such as a broken bone, that requires medical attention and also may require you to miss work. But what about damages that are not physical?
After you a personal injury, your entire life may be changed. You may suffer through depression, anxiety, sleeplessness, anger, grief, fear, or irritability related to your accident. In this case, are you able to sue for emotional distress in addition to your personal injury claims? The short of it is yes.
When can you receive emotional distress compensation?
In Florida, limits are placed on what you can claim as emotional distress damages. For instance, if you are almost in a car accident and suffer anxiety as a result, you are not able to claim emotional distress. You must have suffered physical harm to claim it, barring a few exceptions such as defamation or wrongful birth. This is called the impact rule.
The impact rule does mean that if you are in an accident, but suffer no physical injury, you likely will not be able to claim emotional distress, barring extreme circumstances such as witnessing the wrongful death of a loved one. A lawyer can help you to discern whether your accident warrants an emotional distress claim in these circumstances.
How can you document your emotional distress to properly file a personal injury claim?
Ultimately, if you receive a personal injury due to someone else’s negligence, you can also sue for emotional distress if you can document emotional issues stemming from the accident or injury. For instance, if you are in an accident and lose a finger, then become depressed, you have a claim for emotional distress. It is important that any emotional distress is documented, so that the judge and/or jury overseeing the case can determine the reality and extent of the emotional distress. You will want to prepare:
- Any medical evidence available that can support your claim, including proof of prescription medications
- Documentation from any therapist you have seen
- Testimony from family and friends that have witnessed the emotional distress you have experienced
- Your own personal testimony
Let one of our personal injury lawyers handle your emotional distress personal injury case for you!
If you have been in an accident and have suffered from injuries and emotional distress, you deserve to be compensated. Our law office can help you receive the cbenefits to which you are entitled. Contact K/S Law for a consultation with a personal injury lawyer in Boca Raton today at (561) 939-8042.