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Building a Claim for Emotional Distress | Colling Gilbert Wright and Carter

How Much Money Can You Get for Suing for Emotional Distress?

Suffering serious injuries in an accident can have lasting effects. This includes not only lasting physical effects, but lasting psychological effects as well.

Many accident victims experience severe emotional distress. The mental and emotional aftermath of an accident or injury can last for years – if not the rest of the victim’s life.

Similar to post-traumatic stress, pain and suffering, and other forms of non-economic losses, accident victims can seek just compensation for emotional distress under Florida law. The amount that accident victims can recover depends on the severity of their condition and its impacts on their day-to-day lives.

Understanding Your Claim for Emotional Distress

Recovering financial compensation for emotional distress is not easy. Not only do you need to prove that you are entitled to financial compensation, but you also need to prove how much you are entitled to recover.

This begins with understanding what constitutes emotional distress under Florida law.

What Constitutes Emotional Distress?

“Emotional distress” is the legal term for the psychological impacts of living through a traumatic accident. Traumatic accidents impact different people in different ways, and some accident victims will suffer far more severe emotional distress than others.

When suffering from emotional distress, accident victims can experience a broad range of effects. Some of the most common effects of emotional distress (also referred to as “mental distress” and “emotional trauma”) include:

  • Anxiety and depression
  • Difficulty sleeping or insomnia
  • Extreme fatigue
  • Feelings of embarrassment or humiliation
  • Mood swings or personality changes
  • Stress
  • Suicidal thoughts

Anyone who is experiencing any of these symptoms following a serious accident should seek help promptly. While it can feel difficult – maybe even impossible – to move forward, a doctor who specializes in assisting trauma victims can assist you with getting back to your normal life.

When Can You Seek Financial Compensation for Emotional Distress?

Under Florida law, trauma victims can seek financial compensation for emotional distress after all types of accidents. If you have been seriously injured under circumstances in which someone else or a company may be to blame, you may be entitled to compensation.

You should discuss your situation with a Florida injury lawyer promptly. This is true for accidents including:

  • Car accidents
  • Truck accidents
  • Bicycle and pedestrian accidents
  • Aviation accidents
  • Maritime accidents
  • Construction and other job-related accidents
  • Accidents caused by defective products

Florida residents can also seek financial compensation for emotional distress in cases of medical malpractice and nursing home neglect. Regardless of what happened, if you are suffering emotionally due to the effects of any form of trauma, you should consult with a lawyer about your legal rights.

How Much Can You Recover for Emotional Distress in Florida?

In terms of the amount of compensation that you may be able to recover, as mentioned above, this depends on your individual circumstances. The amount you can recover depends on the personal losses you incur as a result of the emotional distress.

Of course, unlike the costs of your medical care and your lost wages, you cannot simply “add up” your emotional distress. Additionally, since everyone’s circumstances are different, there is not one specific dollar amount that can be applied.

Instead, calculating just compensation for emotional distress requires a comprehensive assessment and detailed understanding of the effects of your accident. Then, a reasonable compensation award must be determined consistent with Florida law.

Are we talking tens of thousands, hundreds of thousands, or millions of dollars? Again, we really can’t say. All of these are possibilities when justified by the circumstances presented. Once you begin treatment, your lawyer will work with your doctor to assess your emotional distress claim and determine how much compensation to pursue.

All of this can perhaps seem overwhelming. Right now, all you need to focus on is taking the first step: contacting a lawyer to discuss your legal rights.

An experienced personal injury lawyer can provide individualized legal advice based on your unique circumstances. If you are entitled to financial compensation for emotional distress, your lawyer can do what is necessary to seek a favorable recovery on your behalf.

Find Out If You Have a Claim for Emotional Distress

It can be difficult to know what constitutes fair compensation after suffering injuries caused by someone else. Your principal concern at this time should be physical and mental recovery, not the complexities of a legal matter.

Colling Gilbert Wright & Carter has extensive experience representing people who have been injured through no fault of their own. Our attorneys will fully evaluate the details in your case, including the damages you have suffered, and pursue the full compensation you deserve.

Are you suffering from emotional distress following a serious accident or other traumatic event in Florida? If so, we strongly encourage you to speak with one of our lawyers in confidence. Please call (407) 712-7300 to schedule a free, no-obligation consultation with Colling Gilbert Wright & Carter today.

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