Can an Auto Accident Lead to a Lawsuit for Emotional Distress? Comprehending the Parameters
Yes, you can sue for emotional distress after a fort lauderdale car accident lawyer or any traumatic event in which someone’s negligent actions caused you physical harm. Emotional distress is classified as a non-economic damage, which can be difficult to prove, but you must be able to show the physical impact your emotional distress has on your life.
A Florida auto accident attorney understands the parameters and can help you establish it as a part of your auto accident emotional distress claim. You may be able to collect compensation for the care and treatment you need for the emotional distress you are now experiencing.
What Is Emotional Distress?
Emotional distress is a reaction to the memories of a traumatic event. The event could be an accident or an event you lived through or witnessed. Symptoms of the emotional distress could include:
- Trouble sleeping, such as having recurring nightmares
- Increased heart rate and blood pressure
- Shorter, quicker breathing
- Upset stomach or nausea
- Changes in appetite with either weight loss or weight gain
- General body aches and pains, such as in the neck and shoulders
A person suffering from emotional distress may also experience a fight or flight response to the memories of the incident.
Florida’s Impact Rule and Its Exceptions
To receive compensation for emotional distress, you must first prove that you suffered a physical injury, an impact. You must then prove that this impact now causes you emotional distress, such as those symptoms listed above.
There are exceptions to the impact rule. Victims of emotional distress may not need to prove a physical impact if their case meets certain requirements. Examples include:
- Witnessing a family member or loved one injured in a car accident.
- The car accident itself has affected them emotionally.
Florida’s Threshold for Lawsuits Can Also Complicate Your Case
Florida is a no-fault state, meaning you file a car accident claim with your own insurer first. Florida Statutes § 627.736 sets the minimum value of personal injury protection (PIP) coverage at $10,000. You are also required to carry $10,000 in property damage liability (PDL). Your PIP coverage does not cover non-economic damages. To receive compensation for your emotional distress, you may have to file a personal injury lawsuit.
To take legal action for emotional distress, you must meet certain injury thresholds set under Florida Statutes § 627.737. Those thresholds include:
- A significant loss of a bodily function, such as blindness or a loss of a limb
- An injury deemed permanent by a medical professional
- A permanent scar or disfigurement
An auto injury lawyer in Florida can review your case and explain how these exceptions will affect your case for emotional damage.
Proving You Suffer From Emotional Distress
As with any damages you claim after a car accident, you must prove your emotional distress with evidence. Evidence used to prove emotional distress can include:
- Witness statements from friends and associates
- Medical records regarding your mental health
- Expert testimony corroborating your emotional distress
- Personal journals conveying your daily struggles
This evidence needs to explain how your emotional distress has affected your daily life.
Determining Compensation for Emotional Distress
Your personal injury lawyer can assist you with determining a fair settlement value for your losses, both economic and non-economic. For a non-economic damage like emotional distress, your compensation will be based on the following:
- The severity of your symptoms
- The effect on your daily life
- The cost of therapy
- Lost income
Types of Damages You Can Claim in a Car Accident Case
Damages are typically classified as economic and non-economic. Economic damages are losses you suffered that have a direct financial impact on your life. They can include:
- Medical bills, including rehabilitation, surgeries, and transportation
- Lost wages, such as hourly wages and salary
- Reduced earning capacity
- Property damage, repairing or replacing said property
Emotional distress is a non-economic damage. Non-economic damages are losses that affect your quality of life. These are such things as:
- Pain and suffering you experience during and after the car accident
- Loss of enjoyment in life if you can no longer participate in certain activities
- Loss of consortium for the effect on your relationships
- Disfigurement
- Permanent disability
Florida’s Statute of Limitations for Car Accident Cases
Car accidents fall under personal injury, and Florida Statutes § 95.11 provides accident victims two years to file a lawsuit. If the two-year deadline expires, the accident victim may be barred from filing a lawsuit and would lose their right to pursue financial compensation for emotional distress in trial.
If you want help pursuing emotional distress, you should contact a personal injury attorney as soon as possible. They will need as much time as possible to investigate your case and build a personal injury claim for fair compensation.
We Can Help You Sue for Emotional Distress Damages After a Car Accident
Call the Law Offices of Wolf & Pravato at (954) 633-8270. We provide accident victims with a free case review. Our auto accident attorneys in Florida can investigate your accident, determine your damages, and negotiate with the insurance companies on your behalf. If they cannot agree to our settlement terms, we can take your legal claim to court. Plus, we work on contingency, so you pay nothing if you don’t win. Contact us today. Let us help you get the peace you and your family deserve.
