Can I Sue for Emotional Distress After an Auto Accident in Florida?

If you’ve been in a car accident in Florida, you may be dealing with more than just physical injuries. Anxiety, nightmares, panic attacks, depression, and post-traumatic stress disorder (PTSD) are common emotional responses after a serious collision. You may find yourself wondering if you can you sue for emotional distress after an accident in Florida.

The short answer is yes, but it depends on your specific situation. Florida law allows injured parties to seek damages for emotional distress, but only under certain legal conditions. Understanding how this works, and when you qualify, can make all the difference in the success of your personal injury claim.

At RTRLAW, we’ve helped thousands of accident victims across Florida recover not only for their physical injuries but also for the emotional trauma that follows. We can help you understand what you need to know about emotional distress claims and your rights under Florida law.

What is Emotional Distress in a Legal Context?

Emotional distress refers to the psychological impact or mental suffering a person experiences after a traumatic event like a car accident. These symptoms can vary widely from person to person and may include:

  • Anxiety or panic attacks
  • Depression or mood disorders
  • Flashbacks or nightmares
  • Difficulty sleeping (insomnia)
  • Withdrawal from social or work activities
  • Fear of driving or riding in a vehicle
  • Loss of enjoyment of life

In legal terms, emotional distress is categorized as a form of non-economic damages, meaning it doesn’t have a set dollar value like medical bills or lost wages. It must be proven through credible evidence, and Florida law places specific limits on when and how these claims can be made.

While emotional suffering is very real and often debilitating, it must meet specific legal standards to be compensable in Florida. That’s why working with an experienced personal injury attorney is crucial to presenting a strong claim.

Can You Sue for Emotional Distress in Florida Without Physical Injuries?

In most car accident cases in Florida, you cannot sue for emotional distress alone unless it is connected to a physical injury. This is due to Florida’s “impact rule,” a legal doctrine that generally requires the claimant to have suffered a direct physical impact in order to pursue emotional damages.

However, there are exceptions. Emotional distress claims may still be allowed under Florida law if:

  • You suffered physical injuries in the accident and emotional distress is a direct result
  • You were a direct witness to a horrific event involving a close family member (such as a child or spouse)
  • The conduct of the defendant was intentional or outrageous (e.g., road rage or gross negligence)

Unless an exception applies, Florida courts typically require a physical injury in order to pursue damages for mental anguish. However, emotional trauma tied to those physical injuries can and should be part of your compensation claim.

How Do You Prove Emotional Distress After a Car Accident?

Unlike a broken bone or an x-ray, emotional distress isn’t always visible. To prove it in court or during settlement negotiations, your attorney will help you gather:

  • Medical records from therapists, psychologists, or psychiatrists
  • Documentation of symptoms such as journal entries, medication records, or appointment logs
  • Testimony from mental health professionals
  • Testimony from family or coworkers about changes in your behavior, mood, or daily function
  • Your own testimony describing the toll the accident has taken on your mental well-being

In many cases, the strength of your emotional distress claim comes down to documentation, credibility, and consistency. That’s why early diagnosis and ongoing treatment are important. It is not only vital for your health, but also for your legal claim.

To recover for emotional distress, you’ll need more than just your word, you’ll need evidence. With RTRLAW on your side, we’ll help you document the psychological effects of the crash and build a strong foundation for your claim.

What Kind of Compensation Can You Recover?

If you meet the criteria for an emotional distress claim in Florida, you may be eligible to recover compensation for:

  • Psychological counseling or mental health treatment
  • Lost income due to emotional or mental inability to work
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of companionship or intimacy (in wrongful death or catastrophic injury cases)

These are considered non-economic damages, which are often more subjective than medical bills or property damage, but they are no less important.

The emotional aftermath of a car accident can affect every aspect of your life. With the right legal strategy, you can pursue the full range of compensation you’re entitled to to treat your pain and injuries, including the invisible wounds left behind.

RTRLAW Can Help You File an Emotional Distress Claim in Florida

At RTRLAW, we understand that not all injuries are visible, and we know how to make the invisible apparent in court. Our experienced Florida personal injury attorneys will work closely with you, your doctors, and any mental health professionals involved to build a case that fully reflects the impact the accident has had on your life.

We’ll fight for every dollar you deserve, whether through negotiation or litigation, and you won’t pay us a cent unless we win your case. If you’re suffering mentally and emotionally after a car crash, don’t suffer in silence.

Call RTRLAW at 1-833-HIRE-RTR (1-833-447-3787) or fill out our form online today to schedule your free consultation.