When Can Car Accident Victims Seek Compensation for Emotional Distress in Florida?

Florida law allows car accident victims to seek compensation for their emotional distress when they suffered significant or permanent injuries in the collision. Accident victims can also file claims for emotional distress without a documented physical injury in limited circumstances. If you are entitled to compensation for your emotional distress, hiring an experienced Florida car accident attorney will be critical for seeking the compensation you deserve.

Car accidents often leave victims suffering from severe physical and emotional trauma. The impacts of a serious car accident can be far greater than most people realize; and, in many cases, victims will experience lifelong consequences.

Whether your trauma will impact your life for months, years or decades to come, it is critical to make sure you seek the financial compensation you deserve.

Under Florida law, car accident victims can seek financial compensation for their emotional distress in some (but not all) cases. Understanding your legal rights is important, and this is one of several reasons why it is important to have an experienced Florida car accident attorney on your side. If you are entitled to compensation for your emotional distress, your attorney can determine what constitutes “just” compensation in your case and then fight to recover this compensation on your behalf.

When Can Car Accident Victims Seek Compensation for Emotional Distress Under Florida’s “No Fault” Auto Insurance Law?

Florida is one of a limited number of states that has a “no fault” auto insurance law. Under this law, car accident victims are limited to filing a claim under their personal injury protection (PIP) policy unless they can prove that they suffered a “significant” or “permanent” injury in the collision.

Since PIP only covers medical expenses and lost wages, filing a PIP claim will not provide access to full compensation in most cases—and it will not provide access to any compensation for accident victims’ emotional distress.

As a result, seeking just compensation for emotional distress after a car accident in Florida typically starts with proving that you suffered a qualifying physical injury. While individual circumstances vary, some examples of injuries that may qualify as “significant” or “permanent” include:

• Broken bones
• Nerve damage
• Organ damage
• Spinal cord injuries
• Traumatic brain injuries

Other injuries resulting in disabilities, impairment of bodily functions, chronic pain, and other long-term consequences may qualify as well. If you have been seriously injured in a collision, an experienced Florida car accident attorney can assess whether your injuries entitle you to file a claim outside of PIP.

Importantly, filing a claim outside of PIP also requires proof that someone else was at fault in the collision. Once you hire an experienced attorney to represent you, your attorney will be able to take all of the steps that are necessary to evaluate, document, and assert your legal rights.

When Can You Seek Compensation for Emotional Distress Without Proof of a Physical Injury?

While Florida law generally requires proof of a physical injury to seek compensation for emotional distress, there are exceptions. For example, car accident victims may be able to file fault-based claims based purely on their emotional distress if:

• The at-fault party’s conduct was extreme or outrageous; or,
• Their emotional distress results in documented physical symptoms.

Of course, as a practical matter, car accident victims who are suffering from emotional distress will also be suffering from physical injuries in most cases. With that said, if you have questions about filing a claim for emotional distress without a physical injury, it will be worth speaking with an attorney about your legal rights. Not only can treatment for emotional distress be expensive, but living with the effects of psychological trauma can impact your day-to-day life in many other ways as well.

FAQs: Seeking Compensation for Emotional Distress After a Car Accident in Florida

How do I seek compensation for emotional distress after a car accident in Florida?

Seeking compensation for emotional distress after a car accident in Florida is a complex process that starts with proving the cause of the accident. If you have grounds to file a claim, you must also be able to prove the severity and costs (both financial and non-financial) of your physical and psychological trauma. Due to the challenges involved, it is important to hire an experienced attorney as soon as possible.

How much compensation can I receive for my emotional distress?

If you have grounds to file a claim for your emotional distress, the amount you are entitled to recover depends on your individual circumstances. Trauma impacts different people in different ways, and you will need thorough documentation of your financial and non-financial losses in order to seek the compensation you deserve.

Do I need an attorney to seek compensation for emotional distress in Florida?

While not legally required, practically speaking, you will need an experienced attorney on your side. As long as you hire an experienced attorney in time, your attorney will be able to take all the steps necessary to seek just compensation on your behalf.

How Our Attorneys Can Help After a Serious Collision

If you are facing the consequences of a serious collision in Florida, there are several ways our attorneys can help you. As your legal counsel, we will:

• Conduct a comprehensive investigation to determine the cause of the collision and identify the liable party (or parties);
• Take appropriate legal action to preserve your legal rights and protect your ability to seek full compensation;
• Work with you and your doctors to thoroughly document the current and long-term effects of your emotional distress;
• Deal with the insurance companies on your behalf and work to negotiate a settlement that compensates you for your financial and non-financial losses; and,
• If necessary, take your case to court and fight to recover the full compensation you deserve for your accident-related losses.

Schedule a Free Consultation with a Florida Car Accident Attorney Today

To learn more about your legal rights after a car accident in Florida, contact us today. Call 800-780-8607 or contact us online to arrange a free, no-obligation consultation.