Understanding the Impact Rule in Florida Personal Injury Cases

When someone is involved in an accident and suffers a physical injury, they generally have the right to seek damages for both their physical harm and emotional suffering. But what happens when the injury is purely emotional? For example, what if an accident did not cause you any bodily injuries, but in the days, weeks, or months that follow, you develop extreme stress, anxiety, and flashbacks because of the accident? In Florida, the answer lies in a legal principle known as the impact rule.

What Is the Impact Rule?

Most states have moved away from the strict impact rule. However, Florida still follows this rule. The impact rule limits an individual’s ability to recover compensation for emotional distress unless they also experienced a direct physical impact that caused bodily harm. In other words, some form of contact or injury must have occurred for an emotional distress claim to be valid.

Florida’s impact rule originates from traditional common law practices that aim to establish a link between physical injuries and emotional or mental harm. The main reason for the existence of the impact rule is to prevent fraudulent or speculative claims that are hard to verify and quantify.

Real-Life Example

To illustrate, suppose you’re walking on the street when a speeding driver almost hits you, but doesn’t. While the vehicle did not hit you, the near-collision leaves you shaken, and you start experiencing panic attacks, nightmares, and insomnia. The impact rule would likely bar you from recovering compensation for your emotional suffering unless the car physically “touched” you and left you with some form of physical injury.

Exceptions to Florida’s Impact Rule

While Florida’s impact rule is strict, some situations are exempted. Sometimes, it may be possible to recover compensation for emotional suffering, even without any physical impact. However, exceptions to Florida’s impact rule are narrow. Here are two common exceptions;

• Wrongful death of a loved one: If you witness the traumatic death of a family member and end up suffering from severe emotional trauma leading to physical symptoms, you may be eligible to recover compensation damages.
• Mishandling of a corpse: Florida courts recognize the emotional trauma in cases involving the mishandling of human remains. For example, if someone who was supposed to be buried is cremated or if someone’s remains are lost, it may allow for recovery of emotional damages.

Why Should You Care About the Impact Rule?

If you or a loved one has been in an accident in Florida, it’s vital that you understand how the impact rule may affect your legal claim. While emotional distress can be very real and devastating, without a physical injury or qualifying exception, it may not be possible to recover damages for it. By understanding the impact rule, you can better protect your rights, avoid surprises, and ensure you pursue all available compensation.

Get Help From a Tama Personal Injury Attorney

Our Tampa personal injury attorneys at The Pendas Law Firm can help you fully understand how the impact rule can affect your case. We can help you secure the compensation you deserve for all your physical or emotional damages. Contact us today to schedule a consultation.

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