How Do We Prove Emotional Distress?

When a person experiences physical injury and/or property damage due to someone else’s negligence in Florida, they often experience emotional distress as well. As an experienced personal injury attorney in Florida, I help my clients receive fair compensation for emotional harm along with compensation for injuries and/or property damages. Without some concrete, tangible claim, it is very difficult, though not impossible, to prove emotional distress was caused by a particular incident.

What is emotional distress?

Emotional distress is one form of non-economic damage often referred to as “pain and suffering.” Some examples of emotional distress are:

PTSD
Recurring nightmares, starting after the event and often related to it
Depression
Anxiety
Phobias
Panic attacks
Suicidal ideation
Violent mood swings
Decreased enjoyment in life

How is emotional distress handled in Florida?

The Impact Rule generally governs emotional distress cases in Florida. The Florida Supreme Court has held that emotional distress, being very difficult to prove, must be linked to evidence of actual tangible harm. However, the court has made certain exceptions in the past:

Intentional tort: intentionally causing harm to another person, such as assault (fear of imminent harm, like pointing a gun in someone’s face), battery (actually causing physical harm, like punching someone), intentionally destroying someone’s reputation, wrongful death (when associated with intent to harm), and intentional abuse
Stillbirths or birth injuries caused by negligence or malpractice
Disclosing HIV test results in violation of the law
Breaching of doctor-patient confidentiality by someone from whom you were seeking psychological help

These exceptions are those that have so far been recognized by the court, and others may be added, as additional cases of emotional distress are argued. But it still remains easier to prove emotional distress if some physical harm or harm to property has taken place.

For instance, if you were hit by a drunk driver and your car was totaled but your airbags protected you from physical harm, you may be able to sue for compensation for your emotional distress, along with compensation for your car and any other financial losses.

However, if you managed to swerve and avoid the drunken driver so that you have no physical or property damage, it would be very difficult to prove that your emotional problems were solely caused by or dramatically worsened by the near-accident.

On the other hand, if your emotional distress causes a physical response, such as hives, debilitating headaches, tremors, chronic gastric distress, or other psychologically-induced symptoms, these might be accepted as physical harm in court.

Proving emotional distress

Besides providing detailed evidence to prove the physical harm or property damage you have sustained, you will need to present evidence of emotional harm, such as:

All mental health records and correspondence with healthcare professionals, before and after the incident
A log of visits to healthcare professionals
All costs associated with your mental health (doctor appointments, pharmaceuticals, etc.)
Pay stubs and taxes to demonstrate lost wages caused by your emotional state, or loss of future employment if you are no longer able to maintain your career
Photographs or videos before and after, showing a change in your behavior or ability to function
Testimonials from family and friends defining the changes that have occurred in your emotional or psychological state due to the incident

If you believe you are experiencing severe emotional distress from an accident, injury, or intentional tort, and you believe you have strong evidence to prove it, please contact me 24/7 from anywhere in Florida at (954) 448-7288 to discuss your case. I leave no stone unturned to help my clients receive the compensation they deserve.