Compensation for Mental Anguish in Florida: Personal Injury Law

Compensation for Mental Anguish in Florida: Personal Injury Law
January 07 09:52 2019 Print This Article

While vacationing in Orlando or shopping in some of the popular shopping malls in Miami, you are probably not thinking about mental anguish or other forms of pain and suffering. However, injuries can happen and just like all other states, Florida state law treats ‘pain and suffering’ as a legal term that refers to the emotional and physical distress associated with an injury. If you have been injured and intend to seek compensation, it is recommended to work with an attorney from a reputable law firm such as The Benenati Law Firm.

What is emotional distress damages?

Florida state laws indicate that emotional distress is the psychological injury that you suffer as a result of a crash that caused your injuries. If your daily life is negatively affected by this mental anguish for an extended period, you may be entitled to get emotional distress damages. Note that the compensation is done in the form of money and is intended to compensate you for the negative effects that you experienced because of the psychological trauma.

Who can sue for mental anguish?

The law allows plaintiffs to seek mental anguish damages in case the emotional distress is associated with a physical injury caused by another person’s negligence. Also, if the emotional trauma resulted in various forms of physical injuries or other physical manifestations of mental stress including irritable bowel syndrome, ulcers, headaches, and more, you can seek damages for emotional distress.

Remember, the plaintiff may include other people who were in a close relationship with the injured individual. These people must have suffered emotional distress because of the injured person’s death or injury caused by accident. In most cases, such people may have witnessed the accident that resulted in the injuries or death of their loved one.

Proving emotional distress

One of the most challenges issues to prove in court is emotional distress. This is because psychological trauma may not always result in quantifiable or tangible signs. It is, therefore, recommended to hire a personal injury attorney to help you build a strong case.

Once you realize that you have been involved in a vehicle crash, it is wise to start documenting all the possible signs of emotional distress by noting down your feelings. You should also write about the physical effects your injury has on your daily life no matter how minimal. If possible, seek medical attention from a psychologist or a doctor and inform them of all psychological symptoms you may be experiencing.

If your psychologist or doctor makes a diagnosis or takes notes regarding your condition, you can use such pieces of evidence to further strengthen your emotional damages claim. Health conditions caused by emotional distress include sleep loss, psychoses, shock, chronic depression, anxiety, phobia, and neuroses. Remember, these conditions may vary from one victim of vehicle accident to another.

With the help of an experienced personal injury lawyer, you can get compensation not only for your physical injuries but also for emotional distress.

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Clare Louise
Clare Louise

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