When most people think about injury cases in Fort Lauderdale, Florida, they tend to focus on physical harm, like broken bones or head injuries. However, it’s crucial to acknowledge that emotional distress can also play a role in claims. In this blog post, we will delve into the concept of pursuing compensation for suffering in a Fort Lauderdale injury case – what it entails and how one can go about it.
Understanding Psychological Suffering
Suffering refers to the emotional impact experienced by an individual following an accident or incident. This kind of distress can manifest in many forms, such as anxiety, depression, insomnia, or even post-traumatic stress disorder (PTSD). It is important to recognize that psychological suffering can be just as debilitating as injuries and may necessitate treatment and therapy. Fort Lauderdale personal injury law firm Schilling & Silvers, PLLC has years of experience in handling personal injury cases involving PTSD, in case you require assistance.
Types of Claims for Psychological Suffering in Fort Lauderdale
In injury cases, there are generally two types of claims that can be made regarding suffering: negligent infliction of emotional distress (NIED) claim and intentional infliction of emotional distress (IIED) claim.
1. Infliction of Emotional Distress (NIED) Claims in Fort Lauderdale
NIED claims in Fort Lauderdale typically arise when an individual witnesses an event and experiences emotional distress as a result. For instance, imagine a situation where someone witnesses an accident resulting in injury or death of a loved one. In such scenarios, the person seeking recourse must establish the following:
- The defendant had a responsibility to ensure the plaintiff’s safety and acted negligently.
- The plaintiff directly witnessed the accident or its immediate aftermath.
- The plaintiff experienced suffering as a direct result of witnessing the accident.
- The emotional distress endured by the plaintiff was profound, and the defendant’s negligence played a role in causing it.
2. Claiming Intentional Infliction of Emotional Distress (IIED)
IIED claims in Fort Lauderdale, Florida, involve outrageous behavior from the defendant that causes emotional distress to the plaintiff. It is important to note that proving IIED claims can be more challenging compared to NIED claims. To establish an IIED claim, the plaintiff must demonstrate the following:
- The defendant engaged in distressing conduct.
- The defendant’s actions were taken intentionally or with disregard.
- The defendant’s behavior directly resulted in distress for the plaintiff.
- It was reasonably foreseeable that such behavior would cause suffering.
Seeking Compensation for Emotional Distress in a Fort Lauderdale Injury Claim
To pursue compensation for distress in an injury case in Fort Lauderdale, it is crucial for either you or a reputable Fort Lauderdale personal injury lawyer at a firm such as Schilling & Silvers, PLLC, to gather evidence that supports your claim. To support a claim for distress, there are several types of evidence that can be considered:
- Medical records: These documents from therapists, psychiatrists, or psychologists who have treated the individual can provide crucial evidence of the severity and impact of their emotional distress.
- Witness testimony: Statements from individuals such as family members or friends who have witnessed the person’s emotional distress can help validate the influence of the accident or incident.
- Expert witness testimony: In certain situations, it may be necessary to involve mental health professionals who can testify about the individual’s emotional distress and its causes.
It is important for individuals seeking compensation for distress to seek guidance from a Fort Lauderdale personal injury attorney. An attorney at a firm such as Schilling & Silvers can assist in collecting evidence, negotiating with insurance companies, and potentially taking action if required.
It should be noted that not all jurisdictions permit claims for distress, and even in those that do, there may be limitations on the types of damages awarded. Additionally, some states require that physical injuries accompany distress to qualify for compensation. It’s crucial for plaintiffs to seek advice from a lawyer who’s familiar with the laws and regulations in their jurisdiction. This will help them understand any limitations that may apply to their case.
Work With a Fort Lauderdale Personal Injury Lawyer Today
When pursuing compensation in an injury case in Fort Lauderdale, it’s important not to overlook the significance of distress. Whether it’s a claim based on unintentional or intentional infliction of emotional distress, individuals who have experienced emotional suffering due to an accident or incident should consult a personal injury attorney. By gathering evidence and working with a Fort Lauderdale injury and accident lawyer at Schilling & Silvers, they can explore their legal options and strive for fair compensation for the emotional distress they’ve endured.