Particulars of Emotional Distress Damages in Personal Injury Cases in Florida
The laws regulating emotional distress are complex and vary from state to state. That is why it is beneficial to your case to consult with a personal injury lawyer.
What is emotional distress?You experience emotional distress when you are in a state of mental suffering caused by an intense experience negligently or intentionally inflicted. The link between the extreme experience and the emotional distress has to exist. Keeping a record of the physical symptoms you suffered will help your case. You should note if you have states of anxiety, guilt, depression, panic, changes in sleeping or eating habits.
When can you sue for emotional distress?In general, people ask for emotional distress damages in conjunction with damages for physical harm. However, many states recognize the right to pursue monetary damages for emotional distress without physical injuries. For example, emotional distress damages can be asked when being harassed by debt collectors or creditors that violate the law.
Emotional distress caused by physical harmIn Florida, it is accepted to sue for emotional distress if you are the actual victim of an accident. If you are not the actual victim, you can ask for emotional damages if your emotional recovery is hindered by the fact that you have witnessed an accident. That is why you have to link physical manifestations to your mental anguish.
Traumatic experiences that could justify a lawsuit are: witnessing the death or injury of a loved one or witnessing an event that could have injured you or could have lead to your death.
Emotional distress without physical injuryA good case for emotional distress can be made against harassment by debt collectors. According to the Fair Debt Collection Practices Act, debt collectors are violating regulations when they make repeated phone calls to debtors or their family, especially at night time, and display argumentative or rude behavior. Also, debt collectors cannot contact the debtor's workplace, are not allowed to make threats, and are not allowed to claim debts that have expired.
How to prove an emotional distress claimTo prove the claim you have to quantify the emotional harm. You can objectively determine the distress by providing medical papers or documents from a psychologist. These documents should indicate a serious and prolonged suffering.
When you claim that the defendant's conduct that caused your suffering was intentional, you have to show that it was an extreme conduct and that it lead to your emotional anguish.