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Florida Personal Injury: Emotional Distress Damages

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Personal injury victims often do not only suffer physical injuries, but psychological injuries as well. This mental harm is known as “Emotional Distress.” Just like plaintiffs are entitled to damages for physical injuries and financial loss, they can also pursue emotional distress damages and recover appropriate compensation.

However, since psychological injuries are not easy to quantify, proving them in court can be difficult. It’s advised to enlist the expertise of a Miami personal injury attorney skilled at building strong cases for clients, for optimal recovery of damages in a personal injury case. Our Florida personal injury team answers some basic questions about emotional distress below.

What is Emotional Distress and Emotional Distress Damages?

Emotional distress is the psychological injury a person suffers as a result of an accident which caused personal injury. If the daily life of the injured person’s life is negatively affected by this extreme mental suffering for a substantial period of time, then they may be entitled to receive emotional distress damages, money intended to compensate the victim for the negative impact he or she experienced due to the psychological trauma.

Who Can Pursue Emotional Distress Damages?

According to Florida personal injury laws, plaintiffs can seek emotional distress damages if the emotional distress was caused by a physical injury due to another’s negligence or if the emotional trauma resulted in physical injuries or other physical manifestations of mental stress, such as ulcers, headaches, irritable bowel syndrome, etc. However, plaintiffs may include people who had a close relationship with the injured victim and suffered emotional distress as a result of the victim’s injury or death caused by the accident, especially if the plaintiff witnessed the accident.

How Can Emotional Distress Be Proved?

Emotional distress can be harder to prove since psychological trauma does not always result in tangible or quantifiable signs. Still, Florida personal injury victims should work closely with a Miami personal injury attorney to learn how they can build a strong case for themselves including utilizing some of the following techniques.

After an accident, personal injury victims should document any signs of emotional distress by writing down their feelings and the effects their physical injuries have on their daily lives regardless of how minimal. If possible, victims should seek medical treatment from a doctor or psychologist and inform them of any psychological symptoms they have experienced following the accident.

If their doctor or psychologist provides a note or makes a diagnosis, it can be used to further strengthen an emotional distress damages claim. Illnesses that often result from emotional distress include:

      • Psychoses
      • Chronic depression
      • Phobia
      • Shock
      • Neuroses
      • Anxiety
      • Sleep Loss

With the help an experienced Miami personal injury attorney, people who suffered not only physical injuries, but also any resulting psychological harm can recover the appropriate compensation. If you want to start building a strong emotional distress damages case, call the Florida personal injury team at Graham Legal today.

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