For the most part, attorneys and insurance adjusters will haggle over compensatory damages, such as property damage, lost wages, and limits on future earnings. When you suffer an injury due to the negligence or deliberate actions of another party, the ramifications reverberate far beyond physical discomfort and financial burdens. In addition to dealing with the immediate consequences of the incident, you may find yourself dealing with profound emotional and mental distress, which can overshadow every aspect of your life. The psychological toll of these experiences can be overwhelming and affect your ability to work, maintain relationships, and find comfort in your daily existence.
In Florida, personal injury laws are aimed at providing remedies and restitution to those harmed by the actions of others. In addition, the avenues to seek compensation go beyond the tangible costs of medical bills and lost wages. Recognizing the impact of emotional suffering on a person's well-being, Florida law allows injured parties to sue for damages due to emotional distress. This recognition underscores that the scars left by negligence or intentional harm are not only physical but profoundly psychological.
Emotional distress claims can arise from several personal injury lawsuits, such as car accidents, slip and fall incidents, medical negligence, and assault. In some cases, emotional distress may be the primary harm, especially if the physical injuries are minor or have healed relatively quickly. Demonstrating emotional distress in a court of law can be difficult, as these emotional distress damages are subjective and cannot be easily quantified. Unlike economic damages, such as medical bills or lost wages, emotional distress has no clear monetary value.
To prove the harms caused by emotional distress, you must provide evidence that demonstrates the extent and impact of your psychological suffering. Florida has no specific guidelines or formulas for calculating damages for emotional distress. When determining appropriate compensation, jurors are instructed to use their judgment and consider factors such as the severity of emotional distress, the length of suffering, and the impact on their quality of life. Demonstrating the damages caused by emotional distress requires the skill and competence of an experienced personal injury attorney.
A skilled attorney can help gather the necessary evidence, consult with mental health experts, and present a compelling case to the jury or insurance company. Mental health professionals play a crucial role in evaluating and treating emotional distress in personal injury cases. Therapists, psychologists and psychiatrists can provide you with valuable information about your emotional state and the trauma in your daily life. Seeking immediate treatment for emotional distress not only helps you begin the healing process, but it also strengthens your affirmation.
This shows the seriousness of their psychological suffering. Did you suffer emotional distress as a result of a personal injury in Florida? Work with a specialized and experienced Tampa personal injury attorney to maximize compensation for damages caused by emotional distress. At Jurewitz Law Group Injury & Accident Lawyers, our dedicated team of attorneys deeply understands the complexities involved in proving emotional distress claims. Our law firm has a proven track record of successfully obtaining substantial settlements and verdicts for our customers.
We understand that money cannot erase the emotional pain and suffering you have suffered due to the negligence or intentional actions of another party. However, seeking compensation for your emotional distress is an essential step in holding responsible parties to account. This can provide you with the resources you need to heal and move on with your life. If you have suffered emotional distress damages as a result of a personal injury in Florida, seek the legal guidance and support you deserve. Contact the injury and accident attorneys at Jurewitz Law Group at (61) 233-5020 to schedule a free, no-obligation consultation with one of our compassionate and experienced personal injury attorneys.
Let us fight for your rights and help you obtain the full compensation you are entitled to for the damages caused by your emotional distress. Who pays medical bills after a car accident in Tampa? A mother and her adult daughter were killed by an inexperienced truck driver. Award for a 38-year-old motorcyclist hit by a van driver at an intersection. Pedestrian hit by a commercial vehicle that resulted in wrongful death.
Damages for emotional distress may include compensation for pain and suffering, loss of enjoyment of life, and other non-economic damages related to the victim's mental health. In Texas, emotional distress damages are considered non-economic damages, since they are not physical injuries and are more subjective in nature. An emotional distress lawsuit can result in economic or non-economic damages. Economic damages come from tangible costs, such as fees paid for medical care, therapeutic treatments, or lost wages if your emotional distress led you to miss work. Emotional distress claims fall within the scope of non-economic damages and represent an important aspect of personal injury law.
These damages are intended to compensate the victim for the psychological impact of an injury, impacts that are real, profoundly personal, but often intangible. Unlike a bone fracture or a medical bill, emotional damage has no clear or fixed monetary value, making it a difficult area to explain for both plaintiffs and legal professionals to quantify it. A personal injury lawsuit can be filed in California not only for physical injuries but also for emotional, mental and psychological harm. Serious accidents can be traumatic for injured victims and witnesses. People who suffer emotional or mental trauma can often seek compensation for these injuries in a personal injury case.
Emotional distress refers to the intangible effects of an incident on the victim. In personal injury law, emotional distress is also referred to as pain and suffering, non-economic damages, and general damages. Emotional distress can include physical pain, mental suffering, distress, psychological trauma, loss of enjoyment or quality of life, anxiety, depression, pain, humiliation, horror, post-traumatic stress disorder, and many other negative emotions and mental health problems. Emotional distress is recognized as compensable harm in a California personal injury case.
If a victim can show that they suffered emotional distress as a result of the defendant's negligence, they can recover compensation. Negligence refers to not acting with proper care. It is also possible to base a complaint of emotional distress on intent to harm or intentional participation in outrageous behavior. Victims can recover from past and future emotional distress: the injuries they have already suffered as a result of the negligent act and the distress they will likely continue to experience in the future.
Demonstrating the severity of emotional distress in a personal injury case can be challenging. Unlike a physical injury, emotional distress often has no visible or tangible signs. Instead, these cases are proven by evidence of psychological symptoms, including records from therapists and psychologists, medical documentation, and expert testimony. Having a highly qualified mental health professional acting as an expert can help establish the nature and extent of the plaintiff's emotional distress.
Most claims for emotional distress damages in California are accompanied by physical or bodily injury. In these situations, claimants seek compensation for pain and suffering caused by their physical injuries. However, it is also possible to recover damages for emotional distress without physical injury under some circumstances. According to the 1600 series of the California Judicial Council's civil jury instructions, a jury can award a victim (the plaintiff) financial compensation only for emotional distress if the plaintiff can show that the defendant acted with negligence, that he suffered serious emotional distress, and that the defendant's negligence was a significant factor causing the defendant emotional distress.
