The Bystander Effect: Can You Sue if You Witnessed a Loved One’s Crash and Suffered Emotional Harm?

Witnessing a serious car accident can be a traumatic experience. This is especially true when a loved one is severely injured in the crash. In some cases, family members who witness serious accidents will never be able to fully recover—the crash is burned in their memory, and they will continue to be impacted by the crash for the rest of their lives. In this scenario, can (and should) family members hire a Florida auto accident attorney to represent them?

The short answer is, “Maybe.” Under Florida law, family members who witness a loved one’s crash can file a claim in some—but not all—cases. If you witnessed a loved one’s traumatic accident, whether you can file a claim depends on your specific circumstances.

When Can Family Members File Claims for Emotional Harm?

In Florida, whether family members can file a claim for emotional harm after a traumatic accident is determined by the “impact rule.” Under the impact rule, filing a claim after a car accident usually requires physical impact and physical injury.

However, there are exceptions—and some of these exceptions are important in this scenario.

For example, while seeking financial compensation for emotional harm usually requires physical impact, family members who witness a loved one’s car accident may be eligible to file claims in cases involving:

• Emotional Harm with Physical Effects – In many cases, emotional harm can have physical effects. If you experience physical effects as a result of the emotional trauma of witnessing a loved one’s accident, you may have grounds to file a claim.
• Intentional Wrongdoing – The exceptions to Florida’s impact rule also generally allow family members to file claims in cases involving intentional wrongdoing. If your loved one was a victim of road rage or any other willful or malicious act, you may have grounds to file a claim for emotional harm in this scenario as well.

The impact rule and its exceptions are complicated. If you file a claim for emotional harm without evidence of a physical injury, you can expect the insurance companies to dispute your claim—even if an exception to the impact rule clearly applies. As a result, it is important to have experienced legal representation, and you will want to promptly hire a Florida auto accident attorney to help you seek the financial compensation you deserve.

When you hire an experienced Florida auto accident attorney to represent you, your lawyer will initially focus on gathering the evidence needed to prove that you have grounds to take legal action. This includes gathering evidence of both: (i) the cause of your loved one’s crash; and (ii) the effects you have experienced (or are continuing to experience) as a result of witnessing the accident. If the evidence suggests that you have a claim, then your lawyer will work with you and your doctors to determine how much you deserve to recover.

Calculating the “Value” of Your Emotional Harm

If you have grounds to file a claim for your emotional harm, it will be up to you to make sure you are seeking the full compensation you deserve. The insurance companies are not going to calculate your losses for you—instead, they are going to be focused on paying you as little as possible.

Witnessing a loved one’s traumatic accident can truly be life-changing. As a result, it can be difficult to place a “value” on your emotional harm. However, this is a necessary part of the process, and there are steps you (and your attorney) can take to make sure you are seeking just compensation under the circumstances at hand.

If you have a claim for emotional harm, you are entitled to just compensation for all of the financial and non-financial losses you experience as a result of the accident. This means that you should work with your Florida accident attorney to make sure you are seeking just compensation for your:

• Treatment Costs – Your claim should include compensation for your treatment costs. This includes the costs of psychological or psychiatric care as well as the costs of treatment for any physical effects of your emotional trauma.
• Prescription Medications – If any of your doctors prescribe you medications, you are entitled to just compensation for the out-of-pocket cost of purchasing your medications as well.
• Day–to-Day Consequences – Along with the financial costs of your treatment, coping and recovery, you are also entitled to just compensation for the day-to-day consequences of living with the memory of your loved one’s accident.

The financial costs and emotional consequences you experience as a result of witnessing your loved one’s accident will be unique to you. Everyone processes trauma differently, and witnessing a loved one’s accident will impact different people in different ways. As a result, there is no “standard” amount of compensation in these cases. To seek just compensation for your financial and non-financial losses, you will need documentation of the consequences you have suffered to date and the consequences that you will continue to suffer going forward.

Emotional Trauma Can Have Wide-Ranging and Long-Term Consequences

From the costs of treatment to loss of enjoyment of life, emotional trauma can have wide-ranging and long-term consequences. As a result, if you witnessed a loved one’s car accident, you are right to be thinking about taking legal action. If you have a claim, you deserve to be fully and fairly compensated, but you won’t receive any compensation unless you come forward.

Coming forward starts with talking to an attorney. This costs you nothing, and if you have a claim, your attorney will handle your claim on a contingency-fee basis. If you have questions about your legal rights after a loved one’s car accident, we strongly encourage you to schedule a free consultation.

Schedule a Free Consultation with a Florida Accident Attorney at Searcy Denney

Did you witness a loved one’s car accident? If so, our attorneys can help you understand your legal rights. To schedule a free consultation with an experienced Florida accident attorney at Searcy Denney, call us at  800-780-8607 or contact us online today.