What is an emotional distress claim and can you even file one in the Sunshine State? How do you go about recovering damages in a Florida emotional distress claim? Can you file a lawsuit against your employer for emotional distress?
These are probably some of the questions running through your mind if your accident has left you dealing with mental anguish. We’re taking a look at some common questions so you’re better informed about the legal process. Yes, this includes covering what qualifies as emotional distress and who may be liable for your damages.
What is Emotional Distress?
Emotional distress is typically a catch-all phrase referring to the mental anguish accident victims often feel. Like pain, suffering, and loss of life enjoyment, emotional distress is considered non-economic damage. These are intangible damages that don’t come with a handy price tag.
This generally brings us to another question, can you claim emotional distress after your accident? The answer can be either yes or no. While even a minor accident can cause some pain and suffering, this doesn’t automatically mean adding the damages to your insurance claim. Before you can claim emotional distress, you must prove the at-fault party’s negligence is the reason you’re experiencing mental anguish.
Sometimes proving non-economic damages is a little tough. After all, you can’t expect someone else to experience your mental anguish. When this happens, your attorney typically relies on expert testimony, usually from medical professionals.
How Can Your Attorney Prove Emotional Distress?
If someone’s negligence is the reason you’re experiencing emotional distress you need to do a little more than list the damage on your claim. Basically, anything listed in an insurance claim must be supported by proof. This means finger-pointing and other types of accusations aren’t going to be enough.
Proving emotional distress usually means investigating just about every aspect of your accident. Your personal injury lawyer may do some or all of the following:
- Interview witnesses to the accident and anyone who may have seen signs of your emotional trauma. This can even include bringing in friends, family, and co-workers who can attest to your sometimes shaky emotional state.
- Reviewing all accident reports, including any filed by the at-fault party.
- If you have or are receiving care for your mental anguish, your attorney will probably submit your medical records as supporting evidence. This can include reporting any diagnosis and/or treatment you’re receiving for your pain and suffering.
When accidents are catastrophic meaning fatalities and/or serious injuries occur, proving mental distress can be a little easier. You may not need to jump through hoops just to show your accident is causing you mental anguish. However, it’s usually best to be prepared just in case the insurance adjuster starts asking for proof.
Will You Know if You’re Experiencing Emotional Distress?
This may seem like a rather silly question. After all, won’t you know if you’re experiencing mental anguish? Surprisingly, not everyone is skilled at evaluating their feelings. You can mistake mental anguish for severe stress. You were involved in an accident and it’s tough to find a more potentially stressful situation. Emotional distress tends to display a few common signs and symptoms like the following:
- Feelings of shame or humiliation
- Insomnia or other sleeping issues
- Feelings of depression or suicidal thoughts
- High levels of stress or anxiety
This is only a partial list of the possible signs and symptoms. If you’re experiencing any type of emotional turmoil, talk to your healthcare provider. Next, contact your attorney to find out if your symptoms qualify for an emotional distress claim.
What Types of Accidents Cause Emotional Distress in Florida?
The types of accidents that can result in an emotional distress claim are the same regardless of the state. Pretty much any type of accident can cause emotional distress, even if your injuries aren’t all that severe.
Vehicle collisions and medical malpractice claims can both cause emotional distress. The same applies if you’re injured by a defective product. Just imagine how stressful it can be if you’re injured by a well-loved product. You’re probably also wondering if an accident at work can cause emotional distress. The answer is yes. You should be able to file a claim against your employer but this usually means it’s through worker’s compensation insurance.
Worker’s compensation claims can be a whole other ballgame so it’s usually best to work with an experienced Florida accident attorney.
How Much Is An Emotional Distress Claim Worth?
Wondering about the value of an emotional distress claim is common. Bills are coming in and they need to be paid. Figuring out the value of an emotional distress claim depends on a few factors like the severity of the accident. The amount of time you experienced pain and suffering also factors into your claim’s value.
Since mental distress is considered non-economic damage, you’re going to need to estimate your claim’s value. This means using either the per diem or multiplier method to come up with an estimated value. Both formulas are pretty acceptable and neither are too difficult to figure out. Chances are your attorney will use both methods. This way you’re ready with a counteroffer if the insurance company denies your initial claim.
Is There a Filing Deadline for Emotional Distress Claims?
All states, including Florida, have statutes of limitations on personal injury claims. Yep, your emotional distress claim falls into this category. Typically, the statute of limitations starts on the date of the accident. There can be exceptions but it’s always best to play it safe and file as soon as possible.
If you miss the filing deadline, you’re probably not going to be able to recover financial compensation. How long do you have to file an emotional distress claim in Florida? The Sunshine State typically gives accident victims two years to file an accident claim.
Should You Hire an Accident Attorney?
Unless your emotional distress claim is pretty cut-and-dry, it’s almost always a good idea to hire an accident attorney. From proving negligence to estimating your claim’s value, your accident attorney can handle just about everything.
