Switch to ADA Accessible Theme Close Menu
Florida Personal Injury Lawyers
$3,830,000

Catastrophic motorcycle accident resulted in a jury verdict.

$1,748,000

Auto accident, multi-car crash

$1,035,000

Auto accident involving defective airbag

$600,000

Death resulting from hospital turning away patient

$550,000

Auto accident involving tractor trailer

$345,000

Auto accident involving a work vehicle

$340,000

Slip and fall at a hotel bathroom

$115,000

Auto accident involving pedestrian. $115,000 in litigation instead of $15k presuit offer

Call: 844-200-0000
Free Initial Consultation
Do you opt in to being contacted via SMS texting or phone call?
 
protected by reCAPTCHA Privacy - Terms

Suing for Negligent Infliction of Emotional Distress

Depressed

Some accidents cause more than just bodily harm. That’s why, under certain circumstances, Florida law allows personal injury victims to seek compensation for emotional injuries. In fact, some victims might be able to sue under a legal theory called “negligent infliction of emotional distress.”

Recovering Emotional Distress Damages

The Florida Supreme Court has explained what plaintiffs must prove in order to recover emotional distress damages. The simplest way to prove emotional distress is with a physical impact that results in a physical injury, like a car accident. It’s not hard to prove that emotional trauma often accompanies physical trauma. However, a plaintiff may also demonstrate emotional distress by proving that he or she:

  • Suffered a physical injury that was caused by psychological trauma
  • Was at least somewhat involved in an incident that caused negligent injury to someone else, and
  • Has a close personal relationship to the injured person.

This situation often arises when family members witness accidents involving their loved ones.

Example of Negligent Infliction of Emotional Distress

In May 2016, a boy had his face painted while visiting Legoland. Soon after the visit the boy complained that his face was itching and burning. Then his mom noticed a rash on her son’s face. She took him to the doctor, who prescribed medication.

Unfortunately, the medicine didn’t work. The rash continued to spread and his skin became discolored. Doctors still didn’t know the cause of his skin problems almost two years later. That’s when another doctor asked if there had been anything on the boy’s face when the rash developed. His mother then remembered the face paint.

The mother filed a lawsuit against the theme park, alleging that her son’s “skin had a negative reaction to the paint used on his face at Legoland that has caused him great pain and suffering, as well as two years of humiliation by other child and deep emotional distress.” They are seeking more than $15,000 in damages for Legoland’s alleged negligence and for negligent infliction of emotional distress.

The lawsuit claims the boy’s humiliation constitutes negligent infliction of emotional distress because Legoland personnel “knew or should have known that that emotional distress would likely follow if a young middle school child would have a permanent rash and nasty discoloration of his cheeks.”

Whether this rises to the level of negligent infliction of emotional distress or constitutes pain and suffering is for a court to decide. But an experienced attorney can help you determine the most effective claims for you to pursue so that you receive compensation for all of your injuries, including emotional distress.

Contact Us Today

Contact an Orlando personal injury attorney at The Pendas Law Firm today for a free consultation if were injured by someone else’s negligence. We will examine the facts of your case and help recover the compensation that you deserve, including for any emotional distress that you suffered because of the incident.

The Pendas Law Firm also represents clients in the Jacksonville, West Palm Beach, Miami, Fort Myers, Tampa, Fort Lauderdale, Daytona Beach and Bradenton areas.

Resources:

scholar.google.com/scholar_case?case=12914703715523408153&q=Zell+v.+Meek&hl=en&as_sdt=6,44

foxnews.com/health/2018/05/29/legoland-face-painting-caused-significant-skin-reaction-to-boys-face-lawsuit-claims.html

Read What Others Have To Say About Us

  • “I can’t express how much I appreciate this law firm. I had the honor to deal with attorney Daniel. He kept me updated on my case. I couldn’t ask for a better law firm. Daniel fought for me til the end and got me what I deserved. Thanks Daniel and your team for always being there to answer any of my questions. If I ever need a law firm again...”

    Terry Mcphillips
  • “Speedy & superb handling of clients & cases, kind & caring. Highly recommended professionals. They made everything very easy for us, were outgoing & polite. I would call them again if ever in need, rather than call the larger firms that need to advertise & brag about winnings…Pendas was a pleasant & more personal approach instead of...”

    Joseph Kestell
  • “Wow I called Pendas Law Firm the other day at their main intake line it was around 11 o’clock at night and I’ve got this wonderful representative his name was Jeffrey Alvarez. This guy was very professional and his compassion was out of this world I don’t know what I would do if I could not have got a hold of him...”

    Luis Sanchez
  • “Thank you for helping us in our time of need. This firm handled my father’s workers comp case, and helped us with every question we had, and we had a plenty. Thankful for the entire legal team!”

    Enilno Resu
  • “I just concluded a case with attorney Michael Sanchez and paralegal Camilo Lopez. I can only say they are exceptional. The customer service is unique, they have been battling alongside me since day 1. They are not only courteous and professional, but they also are amazing at their job. Thanks to them I got a great deal. I am glad I decided to use their services...”

    Israel Garcia
  • “Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Already recommended them to others in the same circumstances, their staff speaks Spanish and you feel like in family.”

    Ian Brito
  • “Very Professional law firm. They explained to you every detail what to do according to the laws (worker’s compensation). Mr. Danilo Cruz is the best Lawyer and his team. They are very kind, friendly, responsible, I love this firm. They fight for their clients. AwesomeTeam!”

    Lau Rod