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Emotional Distress Claims in Florida


Emotional distress claims are often misunderstood but can be a significant part of a personal injury case in Florida. While physical injuries are easier to quantify, emotional distress can be just as debilitating and deserves compensation.  The Stuart, Florida personal injury law firm, Lance P. Richard, P.A., can help you understand the complexities of emotional distress claims in Florida, from proving your case to the types of damages you may be entitled to.

How to Prove Emotional Distress in Florida

Proving emotional distress in Florida requires more than stating you’ve been emotionally affected by an incident. Medical documentation is crucial. If you’ve sought psychological treatment, records of your visits, diagnoses, and treatments can serve as compelling evidence. Additionally, your own detailed account of your emotional state, supported by a daily journal, can add weight to your claim. Witness testimonies from family, friends, or co-workers who can vouch for your emotional state can also be beneficial.

How Much Can You Get for Emotional Distress in Florida?

How much could you potentially receive for emotional distress in a Florida court? Well, there’s no one-size-fits-all answer. Your compensation will depend on a lot of things—how severe your emotional pain is, how it’s affecting your daily life, and how solid your evidence is when you go to court.

Florida is generally flexible when it comes to emotional distress damages. But there are some exceptions. For instance, if you’re taking legal action against a government body, you can only get up to $200,000. And if it’s a medical malpractice case, the limit is $500,000. So, it’s really important to talk to a skilled personal injury lawyer to figure out what you could realistically expect to receive.

Types of Damages for Emotional Distress in Florida

In legal terms, emotional distress is considered “non-economic damage.” That means it’s not something you can easily put a price tag on, like medical bills, but it’s still something that affects your life. You could be dealing with anything from constant anxiety to severe depression or even PTSD. The challenge is to prove that what you’re going through is directly related to the incident you’re claiming.

Example of an Emotional Distress Claim 

To give you a clearer picture, let’s talk about someone who’s been in a car accident. Imagine they walk away with just a few scratches but develop a crippling fear of driving. They can’t even bring themselves to get in a car, making it impossible to go to work or drop their kids off at school. After seeking help, they’re diagnosed with an anxiety disorder directly related to the accident. In a situation like this, they’d have a strong case for emotional distress backed up by medical evidence and their own experiences.

Contact Lance P. Richard, P.A. 

Emotional distress claims in Florida are complex but crucial for ensuring you receive full compensation for your suffering. Proving emotional distress involves a combination of medical records, personal accounts, and witness testimonies. The amount you can receive for emotional distress is determined by various factors, including the severity of your emotional suffering and its impact on your life. Emotional distress damages in Florida are considered non-economic damages, encompassing conditions like anxiety, depression, and PTSD.

At Lance P. Richard, P.A., we understand the intricacies of emotional distress claims in Florida and are committed to helping you navigate this challenging process. If you believe you have a valid emotional distress claim, don’t hesitate to contact us for a free consultation.



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