In personal injury cases, physical injuries are often visible and quantifiable, making them relatively straightforward to prove. Emotional pain and suffering can be equally devastating but challenging to demonstrate in a tangible way. An experienced accident attorney can establish a strong case for damages related to emotional pain and suffering and help you recover the rightful compensation from the negligent parties.

What is Emotional Pain and Suffering Under Florida Law?

Under Florida law, emotional pain and suffering is recognized as a non-economic damage, which is compensable in personal injury cases. Emotional pain and suffering refer to the psychological distress and negative emotions experienced by an individual as a result of an injury, accident, or other traumatic event. This may include feelings of anxiety, depression, fear, humiliation, grief, and loss of enjoyment of life.

In legal proceedings, to prove emotional distress, post traumatic stress disorder (PTSD), or mental anguish, it is important to show the impact of the injury on the individual’s mental well-being through testimony, medical documentation, and other evidence. Compensation for emotional pain and suffering is intended to provide financial relief for the intangible harms and emotional distress endured by the injured party.

Emotional trauma and psychological pain may involve:

  • Long periods of uncontrollable crying
  • Post traumatic stress disorder
  • Ongoing stress and anxiety
  • Panic attacks
  • Loss of interest in everyday activities and enjoyment
  • Other long term psychological ramifications

Evidence Your Attorney May Collect to Prove Emotional Pain and Suffering in Florida

  • Medical Documentation: Your attorney can help you get professional assessment from therapists, psychologists, or psychiatrists to document your emotional distress and mental suffering. Medical records detailing diagnoses, treatment plans, therapy sessions, and prescribed medications provide concrete evidence of your suffering.
  • Testimony: Your own testimony, as well as that of friends, family, or coworkers who have witnessed changes in your behavior or mood, can substantiate your emotional distress. Their firsthand accounts can lend credibility to your emotional distress lawsuit and illustrate the impact of the injury on your daily life.
  • Journaling: You should keep a detailed journal documenting your emotional experiences, symptoms, and the ways they affect your life. You can prove severe emotional distress by documenting the limitations in daily activities because of physical pain, and changes in mood over time. This chronicle provides compelling evidence of your emotional suffering.
  • Expert Witness Testimony: Your lawyer will obtain testimony from expert witnesses, such as psychologists or psychiatrists, who can offer professional opinions on the nature and severity of your emotional distress, including physical symptoms. Their expert opinions can lend authority to your claims and helps establish the extent of the negligent infliction of emotional distress because of physical injury.
  • Impact on Daily Life: You must illustrate how your emotional pain and suffering have affected various aspects of your life, including relationships, work, hobbies, and social activities. You should provide evidence of missed workdays, strained relationships, or an inability to engage in activities you once enjoyed.
  • Treatment and Coping Mechanisms: Your lawyer will work with you to present evidence of any treatment or coping mechanisms you have employed to address the suffered emotional distress, such as therapy, support groups, or medication. If you demonstrate proactive efforts to mitigate your suffering, it underscores the seriousness of your condition.

Importance of Proving Emotional Distress Component of Personal Injury Compensation

Proving an emotional distress case can significantly enhance the compensation awarded in personal injury cases. Emotional distress falls under the category of non-economic damages, which are intangible losses that do not have a specific monetary value. While it may not directly cover medical expenses or lost income, it acknowledges the significant toll that the injury has taken on the individual’s mental well-being and overall happiness.

The goal of compensation is to restore the injured party to the position they were in before the injury occurred. This includes not only reimbursing for tangible losses but also providing compensation for the intangible harm caused by the injury, such as emotional distress. Mental health professionals play a significant role in mental illness and emotional distress cases.

You deserve compensation for medical treatment of any physical harm following a serious accident. However, you would need an attorney to prove that the underlying cause of your emotional state following truck accidents, car accidents, or any other serious accident is the outrageous conduct of the at-fault party.

A Lawyer’s Role in Proving Emotional Pain and Suffering to Maximize Compensation

Seasoned personal injury attorneys have a deep understanding of the legal principles and requirements for proving pain and suffering in court. They will have the resources and experience to gather and analyze evidence related to pain and suffering. This may include medical bills, expert testimony, witness statements, and documentation of the impact of the injury on the victim’s life.

A dedicated personal injury attorney will work with medical experts, psychologists, and other professionals who can provide expert testimony regarding the nature and extent of the victim’s pain and suffering. These witnesses can lend credibility to your claim for emotional distress and help quantify the damages. You will be able to recover damages for broken bones and psychological pain with the help of legal and medical professionals.

Many personal injury cases are settled out of court through negotiation with insurance companies or opposing parties. Lawyers who are skilled negotiators can strongly advocate for fair compensation for pain and suffering, leveraging their knowledge of the law and the facts of the case to achieve favorable outcomes for their clients.

Choose a Skilled and Resourceful Personal Injury Lawyer to Prove Damages for Emotional Pain and Suffering

Whether you are seeking economic and non-economic compensation for a car accident, a motorcycle or truck collision, a slip and fall injury or another accident, the experienced lawyers at Larry Moskowitz, PA, are ready to fight for your rights. Experienced personal injury attorney Larry Moskowitz has obtained stellar victories for his clients, having handled thousands of civil cases and conducted over 150 trials to verdict.

When you choose Larry Moskowitz, PA, you are choosing a legal team that will stop at nothing to ensure that your rights are protected and your voice is heard. We are fierce defenders of the underdog and will make sure you get the compensation you are entitled to. Call us today at 866-312-0708 to schedule your free case evaluation.