If you’ve ever been involved in a personal injury case, then you may have heard of something called emotional distress. When Florida personal injury attorneys go to law school, they learn all about emotional distress. Technically, this is when somebody acts in a reckless or intentional way and causes you emotional stress or anxiety. In today’s world, emotional distress is typically lumped in with pain and suffering damages.
Very rarely do Florida injury lawyers file a lawsuit for emotional distress on its own. Not only are these cases hard to prove, but it can be difficult to prove damages. However, if you’re involved in some other sort of personal injury case, such as a car accident, your claim may include a demand for pain and suffering damages. This will cover emotional distress.
What is Emotional Distress?
Under the law in Florida, there is such a thing as clam for intentional infliction of emotional distress. In order to prevail in this sort of case, your Boca Raton personal injury lawyer has to prove the following four (4) things:
- the defendant acted in a reckless way and intended to inflict mental suffering
- They engaged in outrageous conduct
- Their conduct caused emotional distress
- This distress was severe
Of course, almost all of the elements of this offense are subjective. It will be up to your lawyer to prove that the defendant did act intentionally. They’ll also have to prove that whatever conduct the defendant engaged in was outrageous. This could include all sorts of behavior, including:
- Somebody purposely drives their car into your house while you’re sleeping
- Somebody ingests an enormous amount of drugs and gets behind the wheel
- Your employer or a third-party subjects you to extreme forms of sexual harassment
In any situation like this, it’s not enough that the defendant behaved in a certain way. You also need to prove that they knew what they were doing. Your injury lawyer in Boca Raton must prove that you suffered some form of distress by submitting medical records or an affidavit from your psychologist.
Contact an Experienced Personal Injury Lawyer in Boca Raton
If you’re suffering emotional distress because of what someone did to you, call our office. You should schedule your free initial consultation with one of our skilled injury attorneys in Boca Raton.