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

What Is the Impact Rule?

LegalAdvice

Different states have different rules when it comes to determining who is entitled to emotional distress damages after an accident.

Florida follows the impact rule, which means that a person claiming negligent infliction of emotional distress must prove that his emotional distress resulted from some type of physical impact. In other words, a person who has been injured due to someone else’s negligence can’t recover emotional distress damages unless he proves that the distress is a direct result of physical injuries he sustained in an impact.

Exception to the Impact Rule

There is an exception to the impact rule. Florida law allows recovery of emotional distress damages when a plaintiff’s close family member is injured and:

  1. The plaintiff was at the scene of the accident,
  2. The emotional distress arose from actually observing the accident, and
  3. The plaintiff and the victim were closely related.

The plaintiff must also suffer a physical injury arising from the emotional distress.

Mother Dies from Shock When She Discovers Her Dead Daughter

For example, in the 1980s a drunk driver ran off the road and killed Karen Champion, whose mother heard the impact and rushed to the scene of the accident. When she saw her daughter’s body, the mother was overcome with grief and died from shock. The father brought a personal injury claim against the driver. Even though the mother wasn’t involved in the accident, the Florida Supreme Court ruled that the emotional circumstances and subsequent physical injury (death from shock) warranted an exception to the impact rule.

Florida courts have continued to apply this exception in subsequent cases.

Emotional Trauma of Seeing Father Dying Causes Physical Symptoms

The court reaffirmed the physical injury requirement in a 1995 case. There was an explosion in the Meek family’s apartment, and pieces of a light fixture landed on the daughter and mother. The daughter walked through the smoke toward the front door where she found her father, who lay dying. The psychic trauma affected the daughter for months after the accident. She suffered from short-term memory loss, bad dreams, and then physical symptoms, like chest and joint pain and difficulty swallowing.

The mother and daughter sued the owner of the apartment complex, alleging that the owner was negligent in not better protecting his tenants. (The apartment was bombed and the complex had been receiving threats prior to the incident.) The court found that the daughter’s symptoms worsened over time and that plaintiffs can still recover from emotional/physical trauma that occurs after the accident and was caused by the accident.

Contact Us Today

If you have been in an accident or witness a loved one being injured by someone’s negligence, you might be entitled to emotional distress damages. Contact an Orlando personal injury attorney at The Pendas Law Firm today for a free consultation. We will help ensure you receive the compensation that you deserve.

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

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