Workman Car Accident & Personal Injury Lawyers | August 21, 2025 | Personal Injury
When most people think of personal injury claims, they picture broken bones, hospital bills, and lost wages. However, not all injuries are visible. Emotional distress—such as anxiety, depression, fear, or post-traumatic stress—can be just as damaging as a physical injury.
If you’ve suffered emotional harm after an accident in Florida, you might be wondering whether you can recover compensation for it. The short answer: yes, in many cases you can. This blog post explains what emotional distress means, when you can pursue damages, how Florida law handles these claims, and what steps you can take to strengthen your case.
Understanding Emotional Distress in Legal Terms
In legal terms, emotional distress refers to the mental suffering caused by someone else’s actions—whether intentional or negligent. It can happen after events like car accidents, slip-and-fall injuries, medical malpractice, or even witnessing a traumatic incident.
Symptoms can include:
- Anxiety or panic attacks
- Sleep disturbances or nightmares
- Depression or mood changes
- Fear of leaving home or engaging in everyday activities
These symptoms can deeply affect your daily life, relationships, and ability to work. That’s why Florida law allows victims to seek financial compensation for these damages in certain situations. In short, emotional distress is recognized as a real injury—and it’s one you shouldn’t ignore if it’s impacting your life.
When You Can Recover Emotional Distress Damages in Florida
Florida law doesn’t automatically allow emotional distress claims in every case. To recover, you must show that someone else’s wrongful conduct caused the emotional harm and that it is backed by evidence.
You can often seek emotional distress damages if:
- You suffered a physical injury, and the emotional harm is linked to that injury.
- You were a direct victim of negligence or intentional harm.
- You witnessed a close family member suffer severe injury or death in an accident caused by negligence.
For example, if you were in a car accident caused by a distracted driver and developed severe anxiety about driving, that emotional distress could be compensable along with your medical bills and lost wages. The key is proving the connection between the wrongful act and your emotional harm.
The “Impact Rule” in Florida
Florida follows something called the “impact rule.” This means that in most cases, you must have suffered some form of physical impact or injury to claim emotional distress damages.
There are exceptions, such as cases involving:
- The wrongful death of a close relative
- Certain defamation or privacy invasion claims
- Negligent mishandling of a corpse
Still, for most personal injury cases, showing physical harm alongside emotional harm strengthens your case and is often required under the law.
This rule can be tricky, which is why working with an experienced personal injury attorney is so important. They can determine whether your case qualifies and gather the right evidence to support it.
How Emotional Distress Damages Are Calculated
Emotional distress damages fall under the category of non-economic damages. Unlike medical bills or lost wages, these damages don’t have a clear dollar amount attached. Instead, they’re based on the severity and duration of your emotional suffering, as well as how it impacts your daily life.
Courts and insurance companies may consider:
- Medical records from mental health providers
- Testimony from therapists, psychologists, or psychiatrists
- Personal journals or statements from friends and family
- The nature and severity of the accident
The more detailed and credible your evidence, the stronger your claim for fair compensation.
Contact the Personal Injury Law Firm of Workman Car Accident & Personal Injury Lawyers Today For Help
Emotional health is just as important as physical recovery after an accident. Florida law recognizes that mental suffering can be a real and serious injury, and in many cases, you can seek compensation for it. By documenting your symptoms, seeking professional help, and working with an experienced Fort Lauderdale personal injury attorney, you can protect your rights and give yourself the best chance at a full recovery—both inside and out.
For more information, please contact an experienced personal injury lawyer at Workman Car Accident & Personal Injury Lawyers for a free consultation.
We proudly serve Fort Lauderdale, Clermont, and its surrounding areas:
Workman Car Accident & Personal Injury Lawyers
633 S Andrews Ave Ste 401, Fort Lauderdale, FL 33301
(954) 361-3997