Florida Personal Injury Lawyer Blog
Understanding the Florida Impact Rule for Emotional Distress Claims
Mental 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 (or Florida 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. There are some exceptions to this rule such as a claim for intentional infliction of emotional distress which we fill further detail below.
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
