Advice for Auto Attorneys Regarding Emotional Distress and Mental Health Claims in Auto Accidents
Just like physical harm, emotional and mental health injuries can be equally crippling and painful for car accident victims to endure. The trauma that such events can have on those involved could hinder their rehabilitation, and at worse, lead to major changes in lifestyle. In these cases, the aim is to compensate victims for the psychological issues they now live with and provide them with the means to heal.
If you have suffered physical and psychological injuries due to someone else’s negligence, a fort lauderdale car accident attorney can provide you with guidance, recommend doctors, and build a case to pursue the compensation you and your family deserve.
What Is the Difference Between Emotional Distress and Mental Health Injuries in a Personal Injury Claim?
In personal injury claims, “emotional” and “mental health” are terms often used interchangeably, but they can also refer to distinct aspects of an individual’s well-being. Though there is some overlap between the two conditions, the following are general differences between emotional and mental health injuries:
Emotional Injuries
Emotional injuries refer to psychological issues a person experiences due to a traumatic event, such as a car accident. These injuries may not meet the criteria for a clinical diagnosis, but victims may experience emotional anguish, anxiety, fear, humiliation, sleep disturbances, or other emotional issues.
Mental Health Injuries
Mental health injuries often require a formal diagnosis from a qualified psychiatrist or other healthcare professional. These injuries can include conditions such as depression, anxiety, panic disorder, post-traumatic stress disorder (PTSD), and other mental health diagnoses.
How Do You Prove Emotional and Mental Health Injuries?
Proving emotional distress or mental health disorders can be challenging but is achievable. Medical records and other documentation can serve as evidence of these issues. Also, your personal injury lawyer can call medical expert witnesses, such as doctors, therapists, and other medical professionals, to provide testimony supporting your claim. They can describe how your psychological issues have impacted your mental health, relationships, work, and other important aspects of your life.
You and your car accident attorney will also have to prove that your distress or mental
health issues are the result of someone else’s negligence. Proving negligence is essential to recovering damages from the potentially liable party.
If you file a claim to the insurance companies for emotional distress damages, you will need to prove the following elements are true in your case:
- Duty of care: The other party had a responsibility not to cause you harm.
- Breach of duty: The other party failed to behave properly.
- Causation: Either directly or proximately, you suffered injuries and emotional distress due to the other party’s negligent actions
- Damages: You suffered losses that warrant financial compensation, such as medical expenses, loss of income, pain and suffering, loss of quality of life, and others.
What Is Negligent Infliction of Emotional Distress?
Negligent infliction of emotional distress (NIED) is a legal principle that allows individuals to seek compensation for psychological injuries resulting from the careless actions of another party. In Florida, rules associated with NIED include an impact rule.
Physical Impact or Manifestation (Impact Rule)
Florida requires a physical impact or manifestation to claim emotional distress. This rule does not allow an individual filing a personal injury claim to recover damages for purely emotional injuries if they did not experience a direct physical impact. These claims are the most common and include damages related to both physical injuries and emotional distress.
Potential Exceptions to the Impact Rule
In certain cases, there are possible exceptions and amendments to this rule, including the following:
Zone of Danger Rule
Even without a physical injury, you may still be able to pursue a claim for psychological trauma if you were in the “zone of danger.” A zone of danger is an area in which an individual could be in physical danger due to another party’s negligence. This principle allows people who are not physically harmed in an accident to still sue for emotional damages.
For example, in a car accident that only causes harm to the driver and front-seat passenger, backseat occupants may have a valid emotional distress claim.
Proximity and Relationship (Bystander Cases)
In this exception, an individual is near an incident that is causing distress, or they have a close relationship with the victim who was directly impacted.
In such instances, recovery for emotional distress would be allowed when the victim experiences psychological trauma after witnessing firsthand the death or injury to a family member caused by negligence.
What Is Intentional Infliction of Emotional Distress (IIED)?
Under Florida Statutes § 768.72, intentional infliction of emotional distress (IIED) provides a potential solution for victims who suffered emotional anguish due to another party’s outlandish and outrageous behavior. However, the requirements to establish such a claim can make proving this challenging.
A claim for IIED requires demonstrating that:
- The defendant’s conduct was intentional or reckless
- The conduct was outrageous
- The conduct caused emotional distress
- The emotional distress was severe
NIED and IIED are similar rules, with the main difference being purely out of carelessness versus deliberateness and recklessness.
Contact the Law Offices of Wolf & Pravato to Learn More Today
An attorney can help you understand how these elements apply to your specific situation. Our team of personal injury attorneys at the Law Offices of Wolf & Pravato understands the complexities of personal injury cases involving psychological injuries. We can provide you with the guidance you need to help you navigate the legal process and secure the compensation you are entitled to receive for your medical treatment.
Our caring and attentive staff are dedicated to providing prompt and responsive communication. Contact us today for a free case review and to begin exploring your legal rights and options.
