If you’ve been injured in an accident due to someone else’s negligence, you’re probably aware that the at-fault party should be held responsible for your medical bills, lost income, and property damage. However, simple reimbursement for expenses is not the same as making you whole. What about the trauma you experienced during and after the accident? What about the frustration you feel on a daily basis as you struggle to recover from the incident? Psychological distress is a where to buy trenbolone acetate very real part of any accident injury, and with the right personal injury law firm, you can recover compensation for your pain and suffering.
The attorneys at Long, Jean & Wechsler, P.A. work on a contingency basis. That means that you do not have to pay out of pocket for legal representation. We collect our fees at the end of your case when we win. We understand that not all damages result in a bill, and we do recognize emotional distress as a factor in any settlement.
What is Emotional Distress?
For an accident victim, emotional distress is the state of psychological suffering that occurs in the minutes, days, and weeks after the injuries. Psychological distress is often caused by memories of the event, but when it comes to accident injuries, physical pain, uncertainty about recovery, concern over medical debt, and lost income can also contribute to the victim’s psychological distress. Unlike physical injuries, psychological distress is intangible and often difficult to quantify. In other words, an injury like a broken femur can be identified with X-rays, and based on similar cases, doctors can predict the time and cost of recovery. Because there are so many individual factors that contribute to the emotional recovery of the victims — past experiences, the severity of injuries, the traumatic nature of the event, etc. — even highly trained psychologists are unable to predict patient outcomes.
The Difference Between Economic and Non-Economic Damages
The state of Florida recognizes three types of damages: economic damages, non-economic damages, and punitive damages. In order to understand how emotional distress fits into the picture, it’s helpful to familiarize yourself with each.
Economic Damages
These are the financial costs associated with an accident. They include items like hospital bills, doctor appointments, home care, prescription medicine, lost wages, and property damage. While emotional distress is categorized as non-economic damages, the costs of psychological therapy appointments or diminished earning capacity due to mental trauma are still considered economic damages. In Florida, there are no damage caps for economic damages.
Non-Economic Damages
The emotional costs of an accident are compensable in the state of Florida. Under the law, you are entitled to “pain and suffering” damages, which consider your physical pain and mental anguish. Because non-economic damages don’t have price tags attached to them, it’s often more difficult to calculate them. Attorneys will often compare settlements and court awards for similar accidents when determining the amount of economic damages. Factors that can affect non-economic damages include the severity of the injuries, whether the injuries are temporary or permanent, the nature of the event, and settlements in similar cases. Similarly to economic damages, there is no cap in Florida for non-economic damages. This frees personal injury attorneys to pursue maximum compensation for the emotional distress of their clients.
Punitive Damages
Pain and suffering is not a direct factor in punitive damages, which are meant to penalize the plaintiff for wanton or intentional behavior. Oftentimes, though, reckless or malicious behavior carries with it a certain degree of terror for the accident victim. For example, an accident victim may incur a greater degree of psychological distress from a road rage incident that leads to a car crash than they would from a similar crash where no malice was involved. The court is much more likely to award punitive damages in a road rage case, but the circumstances of this type of case may also cause the courts to increase the award due to emotional distress. In any event, punitive damages cannot exceed $500,000, or three times the amount of economic and non-economic damages combined — whichever is greater.
Laws Governing Damages in Florida
In order to prove any personal injury case, the plaintiff must be able to demonstrate the four elements of liability:
- Duty of Care – In order to be liable for an accident, the defendant must have had a duty of care for the plaintiff. For example, proprietors of establishments have a duty of care to patrons, visitors, and employees. Truck drivers have a duty of care for all other vehicles on the roadway.
- Breach of Duty – The plaintiff must also demonstrate that there was a breach of the duty of care. Examples of breaches of duty include a doctor who fails to run a specific test that’s warranted before administering treatment, a driver who texts while their vehicle is in motion, or a restauranteur who fails to post warning signs after mopping the bathroom floors. All of these breaches of duty place the safety of others at risk.
- Causation – It’s not enough to demonstrate that the defendant breached their duty. The plaintiff must also show that the breach caused the accident. For example, texting while driving is a breach of the duty of care, but if the defendant wasn’t engaged in this breach of duty at the time of the accident, it’s immaterial. Florida’s comparative negligence law allows accident victims to collect damages even if they were partially responsible for their injuries.
- Damages – In order for there to be a case, the plaintiff must be able to show damages. While psychological distress is a type of damage, it’s difficult to pursue a claim without accompanying economic damages. There are, of course, exceptions. For instance, in a civil stalking case, the plaintiff may not have incurred economic damages, but their fear and discomfort are still compensable.
While the above information is intended to give you a better understanding of your claim, the best way to determine whether or not you have a viable case is to speak to an attorney. Contact Long, Jean & Wechsler, P.A. for a free case evaluation.
Proving Emotional Distress in a Civil Action
Insurance companies are incentivized to dismiss or minimize claims of emotional distress. That’s why it’s essential to produce as much evidence as possible when seeking damages for psychological distress.
Many plaintiffs keep journals to document how the accident has affected their mental well-being. Relevant entries include:
- Documentation of any psychological therapy, counseling, or emotional support groups that you’ve attended. If you paid for the appointments, keep the receipts. It’s also important to note the date and time.
- Any health issues related to the emotional trauma, including difficulty sleeping, loss of appetite, lack of concentration, nightmares, etc.
- Documentation of mood swings, depression, anger, fear, and anxiety.
- Psychiatric medications.
- Increased use of alcohol or prescription drugs.
While an attorney is not a mental health counselor, your conversations with them are protected by attorney-client privilege. It’s important to be frank in your discussions with your attorney.
Frequently Asked Questions About Emotional Distress Compensation
There are many misconceptions among laypersons about psychological distress. If you’ve been in an accident, an attorney can be an invaluable resource when it comes to discussing claim damages. Contact Long, Jean, & Wechsler, P.A. for a free consultation if you’re in South Florida.
What if the Adjuster Tells Me That My Policy Doesn’t Cover Emotional Distress?
Insurance adjusters are committed to closing claims quickly at a minimum payout. Because of this, they will often dismiss or minimize the non-economic damages involved in an accident. While your policy may not cover these damages, the defendant is responsible for them nonetheless. Before an adjuster talks you into accepting a smaller settlement, contact our law firm for a free case evaluation.
Will My Case Have to Go to Court to Collect for Emotional Distress?
While litigation is always a possibility, it’s not necessary to go to court to collect for emotional distress. Most defense attorneys recognize the advantages of negotiating in lieu of litigation. However, if the insurance company doesn’t want to recognize your emotional trauma or include it in your settlement, LJW Legal will pursue full compensation through the courts.
Can I Sue for Emotional Distress for Any Type of Accident?
Yes. The determining factor for emotional distress is not the type of accident, but the way the accident and injuries affected you psychologically. At Long, Jean & Wechsler, P.A., our personal injury team represents defendants in all common types of accidents, including car accidents, motorcycle accidents, truck accidents, slip and falls, medical malpractice, criminal torts, and more.
Emotional Distress Attorneys in Pompano Beach, FL
The psychological distress you experience in an accident is real, and it is compensable. Don’t ever accept a settlement that does not account for the trauma you’ve experienced. Instead, contact Long, Jean & Wechsler, P.A. for a free consultation.
If you’ve been injured in an accident due to someone else’s negligence, you’re probably aware that the at-fault party should be held responsible for your medical bills, lost income, and property damage. However, simple reimbursement for expenses is not the same as making you whole. What about the trauma you experienced during and after the accident? What about the frustration you feel on a daily basis as you struggle to recover from the incident? Psychological distress is a very real part of any accident injury, and with the right personal injury law firm, you can recover compensation for your pain and suffering.
The attorneys at Long, Jean & Wechsler, P.A. work on a contingency basis. That means that you do not have to pay out of pocket for legal representation. We collect our fees at the end of your case when we win. We understand that not all damages result in a bill, and we do recognize emotional distress as a factor in any settlement.
What is Emotional Distress?
For an accident victim, emotional distress is the state of psychological suffering that occurs in the minutes, days, and weeks after the injuries. Psychological distress is often caused by memories of the event, but when it comes to accident injuries, physical pain, uncertainty about recovery, concern over medical debt, and lost income can also contribute to the victim’s psychological distress. Unlike physical injuries, psychological distress is intangible and often difficult to quantify. In other words, an injury like a broken femur can be identified with X-rays, and based on similar cases, doctors can predict the time and cost of recovery. Because there are so many individual factors that contribute to the emotional recovery of the victims — past experiences, the severity of injuries, the traumatic nature of the event, etc. — even highly trained psychologists are unable to predict patient outcomes.
The Difference Between Economic and Non-Economic Damages
The state of Florida recognizes three types of damages: economic damages, non-economic damages, and punitive damages. In order to understand how emotional distress fits into the picture, it’s helpful to familiarize yourself with each.
Economic Damages
These are the financial costs associated with an accident. They include items like hospital bills, doctor appointments, home care, prescription medicine, lost wages, and property damage. While emotional distress is categorized as non-economic damages, the costs of psychological therapy appointments or diminished earning capacity due to mental trauma are still considered economic damages. In Florida, there are no damage caps for economic damages.
Non-Economic Damages
The emotional costs of an accident are compensable in the state of Florida. Under the law, you are entitled to “pain and suffering” damages, which consider your physical pain and mental anguish. Because non-economic damages don’t have price tags attached to them, it’s often more difficult to calculate them. Attorneys will often compare settlements and court awards for similar accidents when determining the amount of economic damages. Factors that can affect non-economic damages include the severity of the injuries, whether the injuries are temporary or permanent, the nature of the event, and settlements in similar cases. Similarly to economic damages, there is no cap in Florida for non-economic damages. This frees personal injury attorneys to pursue maximum compensation for the emotional distress of their clients.
Punitive Damages
Pain and suffering is not a direct factor in punitive damages, which are meant to penalize the plaintiff for wanton or intentional behavior. Oftentimes, though, reckless or malicious behavior carries with it a certain degree of terror for the accident victim. For example, an accident victim may incur a greater degree of psychological distress from a road rage incident that leads to a car crash than they would from a similar crash where no malice was involved. The court is much more likely to award punitive damages in a road rage case, but the circumstances of this type of case may also cause the courts to increase the award due to emotional distress. In any event, punitive damages cannot exceed $500,000, or three times the amount of economic and non-economic damages combined — whichever is greater.
Laws Governing Damages in Florida
In order to prove any personal injury case, the plaintiff must be able to demonstrate the four elements of liability:
- Duty of Care – In order to be liable for an accident, the defendant must have had a duty of care for the plaintiff. For example, proprietors of establishments have a duty of care to patrons, visitors, and employees. Truck drivers have a duty of care for all other vehicles on the roadway.
- Breach of Duty – The plaintiff must also demonstrate that there was a breach of the duty of care. Examples of breaches of duty include a doctor who fails to run a specific test that’s warranted before administering treatment, a driver who texts while their vehicle is in motion, or a restauranteur who fails to post warning signs after mopping the bathroom floors. All of these breaches of duty place the safety of others at risk.
- Causation – It’s not enough to demonstrate that the defendant breached their duty. The plaintiff must also show that the breach caused the accident. For example, texting while driving is a breach of the duty of care, but if the defendant wasn’t engaged in this breach of duty at the time of the accident, it’s immaterial. Florida’s comparative negligence law allows accident victims to collect damages even if they were partially responsible for their injuries.
- Damages – In order for there to be a case, the plaintiff must be able to show damages. While psychological distress is a type of damage, it’s difficult to pursue a claim without accompanying economic damages. There are, of course, exceptions. For instance, in a civil stalking case, the plaintiff may not have incurred economic damages, but their fear and discomfort are still compensable.
While the above information is intended to give you a better understanding of your claim, the best way to determine whether or not you have a viable case is to speak to an attorney. Contact Long, Jean & Wechsler, P.A. for a free case evaluation.
Proving Emotional Distress in a Civil Action
Insurance companies are incentivized to dismiss or minimize claims of emotional distress. That’s why it’s essential to produce as much evidence as possible when seeking damages for psychological distress.
Many plaintiffs keep journals to document how the accident has affected their mental well-being. Relevant entries include:
- Documentation of any psychological therapy, counseling, or emotional support groups that you’ve attended. If you paid for the appointments, keep the receipts. It’s also important to note the date and time.
- Any health issues related to the emotional trauma, including difficulty sleeping, loss of appetite, lack of concentration, nightmares, etc.
- Documentation of mood swings, depression, anger, fear, and anxiety.
- Psychiatric medications.
- Increased use of alcohol or prescription drugs.
While an attorney is not a mental health counselor, your conversations with them are protected by attorney-client privilege. It’s important to be frank in your discussions with your attorney.
Frequently Asked Questions About Emotional Distress Compensation
There are many misconceptions among laypersons about psychological distress. If you’ve been in an accident, an attorney can be an invaluable resource when it comes to discussing claim damages. Contact Long, Jean, & Wechsler, P.A. for a free consultation if you’re in South Florida.
What if the Adjuster Tells Me That My Policy Doesn’t Cover Emotional Distress?
Insurance adjusters are committed to closing claims quickly at a minimum payout. Because of this, they will often dismiss or minimize the non-economic damages involved in an accident. While your policy may not cover these damages, the defendant is responsible for them nonetheless. Before an adjuster talks you into accepting a smaller settlement, contact our law firm for a free case evaluation.
Will My Case Have to Go to Court to Collect for Emotional Distress?
While litigation is always a possibility, it’s not necessary to go to court to collect for emotional distress. Most defense attorneys recognize the advantages of negotiating in lieu of litigation. However, if the insurance company doesn’t want to recognize your emotional trauma or include it in your settlement, LJW Legal will pursue full compensation through the courts.
Can I Sue for Emotional Distress for Any Type of Accident?
Yes. The determining factor for emotional distress is not the type of accident, but the way the accident and injuries affected you psychologically. At Long, Jean & Wechsler, P.A., our personal injury team represents defendants in all common types of accidents, including car accidents, motorcycle accidents, truck accidents, slip and falls, medical malpractice, criminal torts, and more.
Emotional Distress Attorneys in Pompano Beach, FL
The psychological distress you experience in an accident is real, and it is compensable. Don’t ever accept a settlement that does not account for the trauma you’ve experienced. Instead, contact Long, Jean & Wechsler, P.A. for a free consultation.
