Some of the most devastating injuries that happen because of car accidents leave no physical trace. If you’ve recently been involved in a crash and suffered physical injuries, you could also be dealing with emotional distress that has a debilitating effect on your personal, social, and professional life. Even if you already know that you could have grounds for a lawsuit against the other driver, you may find yourself wondering, “Can you sue for emotional distress after a car accident in Florida?” The answer depends on certain key elements.
Can Emotional Distress Be Part of a Car Accident Claim?
Yes, emotional distress can be part of a car accident claim, at least under certain conditions. Under Florida’s no-fault auto insurance system, only a “serious injury” provides grounds for an emotional distress claim. It defines a serious injury as one that causes the following:
- A significant and permanent loss of an important bodily function
- A permanent injury
- Significant and permanent scarring
Understanding Emotional Distress Claims in Florida
An emotional distress claim seeks to recover compensation for psychological trauma or suffering you experience due to an accident, such as a car crash. The term describes psychological or emotional injuries like anxiety, depression, post-traumatic stress disorder, panic attacks, embarrassment, or shame.
How to Prove Emotional Distress in Florida
In order to recover compensation for emotional distress after a car accident, you must prove both that your emotional distress occurred due to the crash and that you have experienced significant distress sufficient to entitle you to a financial recovery. The following types of evidence could prove helpful to doing so:
- Police accident reports, eyewitness statements, camera footage, or accident reconstruction reports to describe what happened in the accident
- Medical records that document your accident injuries and the treatment and rehabilitation you received
- Mental health treatment records that describe the symptoms you experience
- Testimony from family members, friends, or co-workers about the nature of the emotional distress you experienced and how it affected your life
How Much Can You Recover if You Sue for Emotional Distress?
If you’re wondering, “How much can I sue for emotional distress in Florida?” the amount of compensation you might recover will depend on various factors. These include the following:
- The circumstances of the accident
- The nature of your injuries
- The duration of your recovery
- Whether you suffered any resulting permanent impairment, scarring, or disfigurement
For example, you may have a more robust emotional distress claim if you got hurt in an especially violent car crash or if you suffered severe injuries that required extensive treatment and caused you prolonged or permanent disability. A car accident lawyer in Pensacola can help evaluate how these factors may affect your claim.
Contact Our Pensacola Car Accident Lawyer for Help
Have you been injured and suffered emotional distress after a car accident in Florida? If so, you could be entitled to compensation, and you’ll benefit from having an experienced legal team in your corner. Cardoso Law PLLC can work with medical experts to build a robust claim for maximum compensation, including for the emotional and psychological harm you’ve endured.
Contact our firm today for a free, no-obligation consultation with our dedicated car accident attorneys to discuss your next steps. Your case review is fully confidential, and you pay nothing unless we successfully resolve your matter.
