Isabella Carter
Florida law allows individuals to seek compensation for emotional distress, which refers to the psychological impact, such as mental anguish or trauma, that a person may experience following a personal injury or traumatic event. While Florida imposes certain limitations on emotional distress claims, such as the impact rule, which requires a physical injury or manifestation of emotional distress, there are exceptions to this rule. This includes the `zone of danger` rule, which allows individuals who were in close proximity to a physical threat but did not suffer a physical impact to claim emotional distress. The amount of compensation for emotional distress claims varies depending on factors such as the severity and duration of the distress, and its impact on the individual's life.
| Characteristics | Values |
|---|---|
| Basis for claim | Emotional distress caused by another party's negligence or wrongdoing |
| Types of claims | Negligent Infliction of Emotional Distress (NIED) or Intentional Infliction of Emotional Distress (IIED) |
| Requirements for NIED | Close relationship with the injured party or physical symptoms related to distress |
| Requirements for IIED | Defendant's actions went beyond what a reasonable person would find acceptable |
| Impact rule | Plaintiffs must prove they experienced physical impact or manifestation of emotional injuries |
| Zone of danger rule | Plaintiffs were in close proximity to a physical threat but didn't suffer physical impact |
| Comparative negligence | Even if the plaintiff bears some responsibility, they can still seek compensation, but the amount may be reduced |
| Caps on damages | Florida law may impose caps on non-economic damages, such as emotional damages |
| Evidence | Medical records, therapy reports, witness statements, journal entries, photographs or videos |
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What You'll Learn
Florida's unique approach to emotional distress claims
Florida has a unique approach to emotional distress claims, allowing compensation solely for psychological harm in certain cases without requiring accompanying physical injuries. This approach is based on the state's application of the
The "impact rule" in Florida has a broad interpretation, as demonstrated in Zell v. Meek, where the court defined an impact as any "outside force or substance, no matter how large or small, visible or invisible, and regardless of immediate effects, that touches or enters into the plaintiff's body." This low threshold for impact means that even the slightest touch or invisible force can qualify as an impact under Florida law.
Florida also recognises the
The state offers multiple paths for seeking compensation for emotional distress, including Intentional Infliction of Emotional Distress (IIED) and Negligent Infliction of Emotional Distress (NIED). To succeed with an IIED claim, individuals must show that the defendant's actions were extreme or outrageous, going beyond what a reasonable person would find acceptable. NIED claims, on the other hand, apply when someone's carelessness unintentionally leads to emotional suffering, often requiring a close relationship with the injured party or physical symptoms related to the distress.
Florida's approach to emotional distress claims ensures that individuals can seek compensation for the psychological harm caused by another party's negligence or intentional actions. By recognising the impact of emotional suffering on an individual's well-being, Florida's laws provide a pathway for redress and accountability, even in cases where physical injuries are not present.
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The 'impact rule' and its exceptions
Florida is one of the few states that still adhere to the impact rule when considering emotional distress claims. This rule, also known as the physical impact rule, requires plaintiffs seeking compensation for non-economic damages, such as emotional distress, to prove they also experienced some form of physical impact or that their emotional injuries physically manifested. This rule stems from an 1893 Florida Supreme Court ruling in International Ocean Telegraph Company v. Saunders, where the plaintiff sued for mental pain and suffering due to a delayed telegram informing him of his wife's death. The court held that damages would be nominal in such cases.
Over the years, the Florida Supreme Court has carved out numerous exceptions to the impact rule, providing more opportunities for emotional distress claims. One notable exception is when a plaintiff's emotional distress manifests physically, such as through symptoms of PTSD, chronic headaches, or chest pains. For example, in the case of Champion v. Gray, the court allowed an exception where emotional distress was linked to the defendant's negligence, even without accompanying physical injuries.
Another exception arises in cases of intentional infliction of emotional distress (IIED), where the defendant's extreme or outrageous actions intentionally caused significant psychological harm. Florida courts have also allowed claims by close family members who witness a loved one suffer a critical injury and experience adverse physical manifestations of emotional trauma. Additionally, in Willis v. Gami Golden Glades, the court allowed a man to recover damages for the death of his wife, who suffered a heart attack due to the emotional devastation of losing their daughter.
The impact rule does not apply in cases of defamation, invasion of privacy, or when a psychologist breaches their fiduciary duty to a patient, allowing emotional distress claims without physical impact. While Florida has modified the impact rule over time, it is still a challenging area of law, and working with an experienced attorney is advisable.
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Negligent infliction of emotional distress (NIED)
Florida law offers multiple paths to seek compensation for emotional distress, and one of these is the Negligent Infliction of Emotional Distress (NIED) claim. NIED assumes that the defendant had a legal duty to exercise reasonable care with regard to the plaintiff, and that their negligence or carelessness unintentionally led to the plaintiff's emotional suffering.
NIED claims in Florida often require either a close relationship with the injured party or that the plaintiff experienced physical symptoms related to their distress. This type of claim is relevant in situations where emotional harm stems from witnessing or experiencing a traumatic event caused by someone else’s negligence. For example, a bystander at the scene of a violent car accident may be able to make a claim for NIED.
Florida also allows close family members who directly witness a traumatic event involving a loved one to seek compensation for their own emotional distress. This is known as a bystander claim or bystander NIED. To make a successful bystander claim, you must show that you were present during the incident, had a close relationship with the injured person, and may even need to demonstrate physical symptoms of distress.
The amount of compensation for an emotional distress claim in Florida depends on various factors, including the severity of the distress, its impact on the claimant's life, and the strength of the evidence supporting the claim. Emotional distress that leads to conditions like PTSD, severe anxiety, or depression is typically viewed as more severe than short-term stress. The length of time the claimant has been suffering also matters, with short-term emotional distress unlikely to result in as high a settlement as long-term or chronic emotional trauma. Emotional distress that interferes with the claimant's ability to work, maintain relationships, or enjoy life can increase the value of their claim.
To prove an emotional distress claim, the plaintiff must show that the defendant's conduct was either negligent or intentional, and that the emotional distress experienced was severe. Florida courts set a high bar for what qualifies as severe emotional distress, excluding minor annoyances or frustrations. The plaintiff must also prove that the defendant’s actions were a direct cause of their emotional distress. This requires thorough evidence, including medical records, therapy reports, and witness testimonies.
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Intentional infliction of emotional distress (IIED)
To prove IIED, the plaintiff must demonstrate that the defendant acted purposely or recklessly, causing them emotional distress so severe that it could be expected to adversely affect their mental health. The defendant's conduct must be extreme, outrageous, and beyond the standards of civilised decency. The emotional distress suffered must be severe and may be quantified by its intensity, duration, and any physical manifestations. For example, a person who persistently threatens another with physical harm could be found to have caused emotional distress.
While the specific requirements may vary depending on the jurisdiction and context of the case, evidence to support a claim of IIED may include the plaintiff's testimony describing their experiences, feelings, and the impact of the distress on their life, as well as expert witness testimony from mental health professionals who can evaluate the nature, severity, and long-term effects of the distress.
In some jurisdictions, IIED liability has been expanded to include situations where the defendant's actions are directed at one person but cause emotional distress to someone close to the intended target. This expansion recognises that emotional distress can extend beyond the direct victim and affect those with close relationships.
It is important to note that IIED claims can be challenging, as emotional distress is a mental suffering that may not have visible or physical injuries. Additionally, free speech considerations may come into play, and generally, a court will not assign IIED liability based solely on negative speech, especially when it involves public figures.
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Comparative negligence and its impact on compensation
Florida's comparative negligence law allows accident victims to seek compensation even if they share some fault or responsibility for their injuries. The state recently shifted from a pure comparative negligence system to a modified comparative negligence system.
Under the previous pure comparative negligence system, plaintiffs could recover damages regardless of their level of fault in an accident. However, the amount they received was reduced by their percentage of responsibility. For instance, if a plaintiff was deemed 25% at fault, their compensation would be reduced by 25%. This means that a person could be 99% at fault for an accident and still recover 1% of their damages.
The new modified comparative negligence system bars individuals from compensation recovery if they are more than 50% responsible for causing their injuries. With this system, insurance companies are not mandated to pay if the claimant is more than half responsible for the accident. The total amount of compensation a person receives is reduced based on their percentage of fault, as determined by a jury. For example, if a person sustains $1 million in damages but is found to be 30% responsible for the incident, they would receive $700,000 instead of the full $1 million.
It is important to note that Florida's modified comparative negligence law does not apply to medical malpractice claims. Additionally, the state's personal injury statute of limitations has been reduced from four years to two years for general negligence claims, with exceptions for active-duty service members.
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Frequently asked questions
The impact rule in Florida requires plaintiffs seeking compensation for emotional distress to prove they also experienced some physical impact or that their emotional injuries physically manifested.
Florida courts have a low threshold for what constitutes a touch. Any outside force or substance that touches or enters the plaintiff's body, no matter how small or invisible, qualifies as a touch.
There are different types of emotional distress claims in Florida, including negligent infliction of emotional distress (NIED) and intentional infliction of emotional distress (IIED).
The statute of limitations for filing an emotional distress lawsuit in Florida sets a specific timeframe for making the claim, which typically starts from the date the incident occurred or was discovered.
Evidence for an emotional distress claim in Florida can include medical records, therapy reports, witness statements, journal entries, photographs, and videos. Expert testimony from mental health professionals can also be helpful.
