Bernstein & Maryanoff

Florida Personal Injury Lawyers
Explaining Extreme Emotional Distress Damages

When someone is injured and wants to pursue a legal claim against those responsible for their injuries, their pain and their suffering, many wonder what sort of compensation that Florida law allows for in these situations. While there are several different forms of compensatory damages that can be sought and obtained, one of the more confusing forms of compensation involves extreme emotional distress. Below you'll find an explanation of these damages, but if you have suffered because of the negligence of someone else you should seek the help of Florida personal injury attorneys as soon as possible.

Florida Emotional Distress Damages

Recovering damages in Florida for extreme emotional distress can be difficult, but it is possible if the plaintiff in a Florida personal injury lawsuit can prove that he or she actually suffered emotionally as a result of harm that was done. For instance, if someone has been badly battered by another and in addition to the physical recovery that person needed psychological help to recover, it could lead to an award of damages that includes compensation for these costs.

However, not all damages awards for emotional distress must involve the proof that actual costs were incurred. There are examples where emotional distress can be proven by the mere facts of a situation. For example, if the mother or father of a child witnesses a situation where that child is seriously injured, this could lead to this type of award in certain cases, as any parent would be distraught if they witnessed such an incident.

How to Prove Emotional Distress

As stated above, proving the existence of emotional distress in Florida can be challenging. This proof can be aided by the testimony of a counselor or a psychiatrist who has treated the plaintiff and can attest to the emotional damage that was done. It could also be proven by testimony offered by the plaintiff that shows the court directly that the plaintiff has suffered emotionally as a result of a traumatic event.

Merely being upset, as anyone would in these situations, is not enough generally to recover this form of compensation. The emotional trauma that's been inflicted must be real, must be intense and must be convincing to the court. With the help of experienced Florida personal injury lawyers, this can be done.

If you or someone you love has been harmed and has suffered both physically and emotionally as a result, seek the help of Florida personal injury lawyers who have been holding defendants accountable for every type of harm inflicted for many years. Contact Bernstein & Maryanoff today to schedule a free initial consultation.