COVID-19 Update: How We Are Serving and Protecting Our Clients

Articles Tagged with negligent infliction of emotional distress

Published on:

Florida impact ruleMental and emotional distress, including depression, anxiety, anger, fear, and insomnia, are common experiences among those who have suffered a personal injury. Florida is one of just five remaining states that subscribe to something called the impact rule when weighing claims of emotional distress.

Also known as the physical impact rule, it requires plaintiffs who are seeking financial compensation for non-economic damages (namely, emotional distress) to prove they also experienced some physical impact or that their emotional injuries somehow physically manifested.

South Florida personal injury lawyers frequently request compensation for emotional distress as an element in injury lawsuits, but claims that solely involve emotional distress can be a bit trickier. This is not to say it is impossible, and the Florida Supreme Court has in recent years relaxed the guidelines for applying the impact rule. Still, it is important for anyone considering filing a claim for emotional distress in Florida to understand a bit about the legal standards that must be met. Continue reading

Justia Lawyer Rating for Jeffrey R. Garvin
Florida Legal Elite 2016
Super Lawyers
Million Dollar Advocates Forum
The Best Lawyers in America
Martindale-Hubbell
American Association for Justice
Florida Justice Association
Contact Information