In the unfortunate event that you have been injured in an accident due to someone else’s carelessness, your focus is likely on your well-being, healing, and seeking damages. However, your family might also be experiencing the impact of your accident. You and your relatives may be considering whether they can claim emotional distress due to your injuries. It’s crucial to understand all the pertinent legal rights and avenues available after your accident. Please continue reading and speak with our knowledgeable Bradenton Personal Injury Lawyers for further details and expert legal support today.
What is Emotional Distress?
Emotional distress refers to the mental suffering and anguish that is caused by a stressful or traumatic experience. It encompasses a range of negative emotions such as anxiety, depression, fear, guilt, shame, and humiliation. Unfortunately, it can manifest through physical symptoms like insomnia, changes in mood, difficulty concentrating, and isolation.
The severity can vary depending on the unique circumstances that caused it. Emotional distress can profoundly affect a victim’s quality of life, work, and personal relationships. In a personal injury claim, the victim can recover compensation for not only their physical injuries and damages but also for their pain and suffering. Emotional distress can stem from auto accidents, slip-and-fall incidents, dog bites, hazardous exposure, and medical malpractice.
Can Family Members Claim Emotional Distress Because of My Injuries?
Florida courts recognize that traumatic accidents can significantly impact mental health. As such, close family members may be able to pursue legal action for emotional distress if they witnessed the traumatic event and have a close relationship with the injured party. However, this is only if the situation falls under the “impact rule,” which requires a physical injury to support a claim for emotional distress. A close relationship typically includes spouses, children, parents, grandparents, or other blood relatives. To support your bystander claim, family members must provide evidence such as medical records, personal statements, witness testimonies, and expert opinions.
Although the impact rule typically requires a physical injury, the court will make exceptions in extreme cases of bystander distress or situations involving the death of a family member. You may have a claim under loss of consortium.
Understanding the rights and options available to close family members after an accident is essential. Prompt consultation with an experienced attorney is advised for comprehensive information and legal support. At Becker & Lindauer, LLC, we are prepared to guide you through the complexities of this legal process and help you fight for the compensation you need. Connect with our legal team today.
