Can You Sue for Emotional Distress in Florida?

Emotional distress carries symptoms such as anxiety, depression, and in some cases physical illness.

In law, emotional distress refers to “mental suffering as an emotional response to an experience that arises from the effect or memory of a particular event, occurrence, pattern of events or condition.” Emotional distress that is well beyond what a normal person endures could be grounds for a lawsuit, but the plaintiff still bears the burden of proof. 

That means, similar to other personal injury lawsuits, the plaintiff must prove that the defendant was either negligent, or specific to emotional distress cases, the plaintiff must show that the defendant engaged in “outrageous behavior” that caused severe emotional distress. While emotional distress lawsuits are often complicated, the cases will fall into one of two categories in Florida.

“Intentional Infliction” of Emotional Distress:

In this situation, the plaintiff must prove that the defendant engaged in outrageous conduct, meaning that it went beyond the limits of decency and would be considered shocking or intolerable. 

Therefore, the plaintiff must show that there was outrageous conduct, that the defendant acted with intent or recklessness, and that severe emotional distress, not temporary or minor, resulted from those actions. Testimony from medical experts would likely be required to prove emotional distress.

Negligent Infliction of Emotional Distress (NEID):

Florida follows the “Impact Rule,” which requires that some type of physical contact must have occurred for a legal claim.

This could happen in two situations:

• Either the plaintiff witnesses a family member become physically hurt, as in a car accident
• Or the plaintiff receives some sort of physical contact and that this causes emotional distress.

This situation could occur if a drunk driver recklessly rear-ended another driver’s vehicle. Even if no physical harm occurred, the plaintiff may still claim emotional distress from the event.

To file a successful claim, the plaintiff must demonstrate severe emotional distress caused by the physical injury or traumatic event.

There are occasional exceptions to the “impact rule,” such as a wrongful death case or situations that involve medical negligence. Similar to cases of “intentional infliction,” there is usually testimony from medical experts needed to show that emotional distress occurred.

Cases That Include Emotional Distress Vary

Personal injury cases commonly feature a component of emotional distress when evaluating the non-economic damages of a claim. For example, an accident victim may develop a secondary psychological disorder such as anxiety, depression, or PTSD. If this occurs as a result of a car accident, emotional distress is typically included in the claim.

Intentional Infliction of Emotional Distress falls under Torts, and this happens when someone intentionally causes emotional distress. Situations that may fall under this category include harassment or abusive behavior at work that causes psychological harm.

1. Defamation lawsuits may include emotional distress. When someone slanders another person’s reputation, the victim may have lasting psychological harm as a result.
2. Premises Liability cases could also include an emotional distress claim, especially if someone witnessed a violent event that led to long-lasting psychological harm.
3. Family Law and Employment Law could also include emotional distress lawsuits. For example, if there is a hostile work environment with severe and constant harassment, then the victim could claim emotional distress.

A Florida attorney is in the best place to advise you about whether or not your case would constitute an emotional distress claim. But generally, these types of cases include the plaintiff’s responsibility to prove that they suffered severe psychological harm through medical records, expert testimony, and witnesses. 

Can I Sue My Insurance Company for Emotional Distress?

In short, the answer is yes, and these are typically known as “bad faith” cases. 

If in Florida, you may sue your insurance company for emotional distress in certain circumstances, but the case must meet certain criteria. 

• Example 1: If your or the at-fault driver’s insurance company acts in “bad faith,” meaning that the insurance company is unreasonably denying responsibility, misrepresenting the claim, delaying the claim’s process, failing to investigate, or offering a very low settlement, then you may sue for emotional distress. In these situations and if you suffer emotional distress as a result, then you may be able to recover compensation for the insurer’s actions.

In other scenarios, health or life insurance companies are also expected to act in good faith and represent your policy. If a health or life insurance company refuses to honor your policy, you may have grounds to sue. This could include delaying the processing of a life insurance claim or denying coverage. If this leads to severe anguish, you may be able to claim emotional distress.

• Example 2: Another situation that may arise and may be deemed “bad faith” is when an insurance company denies a homeowner’s insurance claim following a fire or natural disaster (hurricane or tornado), and the homeowner endures mental anguish as a result of the stress. In this situation, the homeowner may be able to sue for emotional distress as well as additional damages.  

Burden of Proof in Bad Faith Claims That Involve Emotional Distress

Just like personal injury cases, bad faith claims must be proved with substantial evidence. The plaintiff must show that the insurer acted in a reckless or intentional manner. Additionally, the plaintiff must prove that severe emotional anguish was suffered as a result. Evidence is crucial in these cases. Sources of evidence that could support a bad faith claim include all interactions with the insurance company. These interactions may involve notes from phone calls, emails, letters, and any in-person contact. Ultimately, you must show that the reckless or intentional actions of your insurance company caused you significant emotional harm.

Florida also has specific legal requirements for filing a bad faith case, which includes following particular procedures. An experienced attorney is in the best position to advise you regarding what the next steps are. 

Why Choose Clayton Trial Lawyers for Your Emotional Distress Case?

Clayton Trial Lawyers, LP (“CTL”) is committed to representing your best interests when you are hurt and most vulnerable. We promise to be your trusted advisor. and we will listen closely to your story and will bring compassion, legal knowledge, resources, and expertise to your case.

We will work around the clock to provide you with compassionate legal counsel to make sure that you recover the maximum compensation available after an injury, and we know that finding the right personal injury attorney and law firm is important.

Our firm sets itself apart by delivering personalized attention, thoughtful guidance, and unwavering care. We take pride in advocating for our clients’ rights, even when confronting formidable opponents.

It is our honor to represent you, standing by your side every step of the way.
Contact us today