Being involved in an accident or being a victim of a violent act is traumatic. However, we rarely consider what happens when you witness a chaotic, frightening incident.
From a semi-truck crash to a dog attack, trauma from a violent incident isn’t limited to the victim. Witnesses to a tragic accident also suffer; many may develop mental health conditions like anxiety or post-traumatic stress disorder (PTSD).
It can be so severe that you have difficulty moving on with your daily life. If your mental health declined or you developed PTSD after witnessing an accident, our Florida personal injury lawyer can explain your legal options for compensation.
What is emotional distress?
The DSM-V is the handbook of mental disorders used by the American Psychiatric Association (APA). It characterizes emotional distress as a component of PTSD and lists criteria for diagnosing PTSD:
- Direct exposure to trauma or witnessing the trauma
- Learning that the trauma happened to a close friend or family member
- Indirect exposure to the violent details of the trauma (such as a first responder or ER nurse)
PTSD affects all areas of your life, from relationships to your ability to work. You may experience flashbacks to the incident, insomnia or nightmares, or incident-related depression. Thoughts of self-harm are common, and many people may develop a substance abuse disorder (drinking or using drugs to numb the traumatic feelings).
Fortunately, PTSD is treatable, with therapy and sometimes medication to address anxiety, depression, or insomnia. Still, healing can take months.
Suing for emotional distress in Florida
Florida personal injury laws let victims seek compensation for non-economic damages, including emotional distress.
Even if you aren’t physically injured, if you suffered emotional distress or developed PTSD, you may still assert your right to sue for compensation. This can cover your therapy, psychiatric care, substance abuse rehabilitation, and prescription medications. It can also consider the impact PTSD has on your quality of life.
To sue for emotional distress, you must prove that the defendant acted intentionally and that you experienced some form of physical impact. An argument can be made that PTSD has a physical impact, as it has a detrimental effect on your health. In these cases, the plaintiff may file a claim for intentional infliction of emotional distress.
Emotional distress and Florida’s Impact Rule
If the defendant didn’t intentionally cause the distress you experienced, you have another option: filing for negligent infliction of emotional distress. You must prove that the defendant’s negligence physically impacted you unless your case fits one of the exceptions to Florida’s Impact Rule:
- You witnessed a violent death or a serious injury of a family member
- Your psychiatrist or psychotherapist breached doctor-patient confidentiality, revealing personal details about your condition
- Your child suffered a birth injury or was stillborn due to medical provider negligence
- You learned that you ingested contaminated food or drink (even if you don’t get sick)
- Your HIV-positive status was negligently disclosed
Proving your claim for non-economic damages as an accident witness
You must prove that the defendant’s actions caused you emotional distress for a successful claim. You must directly link your PTSD and worsened mental health condition to witnessing the accident.
If you were diagnosed with PTSD by a psychiatrist or are in therapy for emotional distress, your lawyer can use your medical records to support this. They may also seek input from an expert medical witness to help prove your claim.
If you are an accident witness with PTSD, the attorneys at Lytal, Reiter, Smith, Ivey & Fronrath can help you understand your legal options in a free consultation. Contact us at (561) 655-1990 to learn more.
