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Florida Law Typically Requires Impact to Recover for Emotional Distress

eye1While many states have abolished the “impact rule,” Florida still adheres to it. Personal injuries are known as torts. A tort is a wrongful act or infringement of an individual’s right that can be redressed by awarding damages. Injured parties are entitled to all damages that naturally and directly flow from the wrongful act of another. For example, if a driver is excessively speeding and carelessly hits a pedestrian, that driver will be liable for all the damages that naturally arose out of that accident, including the pedestrian’s personal injuries, property damage, lost income, and more.

Under Florida law, however, there is a special rule when it comes to emotional distress and mental anguish. The impact rule stems from the common law requirement that physical contact must take place in order to allow damages for negligent infliction of emotional distress. Put another way, the impact rule requires that a victim sustain some physical impact, even if it is minimal, in order to recover for any type of mental distress. The rationale behind this rule is that a mental injury can be easy to fake, so requiring a physical impact would limit an individual’s ability to make false claims about mental distress.

It is important to note that there are certain exceptions to the rule. A plaintiff can, in certain instances, show physical injury even though he or she did not suffer impact. Fainting at the sight of your child’s injuries could be sufficient to show impact. Any other physical harm that accompanied the mental anguish (including harm related to or caused by it) could allow a plaintiff to take legal action under this exception.

The Florida Supreme Court has also allowed recovery for emotional distress without impact when an individual witnesses a close family member sustaining an injury. These claims are only allowable if the close family member died or suffered a significant discernible physical injury.

To reiterate, the impact rule does not bar someone from claiming mental trauma when they have suffered a physical injury or impact.

The impact rule traditionally applied to simple negligence cases. Many types of personal injury claims, including automobile accidents, premises liability claims, and medical malpractice lawsuits, are often rooted in negligence. Negligence is the failure to use reasonable care in one’s actions. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. Establishing negligence allows a plaintiff to recover damages for his or her harm.

Injuries from accidents can happen in a variety of ways. If you or someone close to you has been in a car crash or another accident, it is advisable to talk to a qualified Miami injury attorney. At the Law Offices of Robert Dixon, our team has helped countless South Florida clients resolve their accident claims and can help you as well. We are here to answer your questions and address your concerns. For more information about legal rights and options, do not hesitate to contact us online or call us today at 1-877-499-HURT (4878).

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