At Zoeller Law, we have represented numerous clients in similar cases and realize the severity that post-accident anxiety can have on all aspects of your life. Below, we will explain how Florida law applies to emotional distress claims, what you need to do to protect your rights, and how Zoeller Law can assist you.
Quick Takeaways
- Florida law allows recovery for mental health-related claims such as anxiety; however, specific requirements must be met.
- It is crucial to obtain immediate medical and psychiatric care after an accident. Prompt medical care benefits your well-being, while prompt psychiatric care helps support your claim.
- The statute of limitations in Florida for most personal injury claims has been reduced to two years, so it is essential that you act in a timely manner.
- Zoeller Law provides complimentary consultations and represents its clients on a contingent fee basis. You will pay nothing if they do not prevail.
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561-689-8180Understanding Post-Accident Anxiety
It is common for individuals to continue to experience psychological ramifications long after the physical effects of a serious accident have healed. Many accident victims experience ongoing worry, panic attacks, nightmares, sleep disturbances, increased fear of driving, or even being a passenger in a vehicle. In addition, some develop a phobia specifically related to driving (amaxophobia), while others satisfy the diagnostic criteria for post-traumatic stress disorder (ptsd) or generalized anxiety disorder.
Important to note: symptoms may not appear immediately. In fact, some individuals feel perfectly fine during the first few days after an accident and do not begin to notice changes in their mood or avoidance of activities until weeks later. Be aware of changes within yourself and loved ones who were passengers in the accident with you.
These are legitimate injuries that can significantly impair your ability to work, negatively impact your relationship(s), and diminish the enjoyment of everyday life. These injuries should be treated with the same seriousness as a broken arm or a herniated disk.
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Why Does Florida Law Handle Anxiety Claims Differently From Other States?
There are several unique aspects of Florida’s insurance and tort system regarding emotional distress claims that you will likely not find elsewhere. The information below will provide you with an understanding of the differences:
Florida’s No-Fault System and Personal Injury Protection (PIP)
Florida operates under a no-fault insurance system. Under this system, after an accident occurs, you receive compensation for a portion of your medical costs and lost wages via your Personal Injury Protection (PIP) coverage, regardless of who caused the accident. Although the no-fault system appears beneficial, there is an extremely limiting provision. Specifically, PIP does not compensate for pain and suffering or emotional distress. Therefore, to seek monetary compensation for anxiety or other non-monetary harms resulting from the accident, you would need to exit the no-fault system and file a claim against the at-fault party.
The Impact Rule
In Florida, the courts follow what is referred to as the “impact rule.” The “impact rule” is a case law doctrine requiring tangible physical contact prior to awarding solely emotional damages. While this does not preclude you from pursuing compensation for your anxiety claim, it does mean that simply stating the accident frightened you is insufficient evidence to establish entitlement to compensation. However, there are certain exceptions to the impact rule. For example, if you witnessed a family member suffer a severe injury due to another person’s actions, or if the at-fault party acted intentionally or recklessly.
Permanent Injury Threshold
To collect non-economic damages, such as pain and suffering or emotional distress, in accordance with Florida Statute § 627.737, you must demonstrate that you suffered a permanent injury as a result of the accident. This requirement presents one of the major challenges associated with establishing entitlement to non-economic damages. As such, it is one reason why working with an experienced attorney is critical; collecting sufficient medical documentation and obtaining expert opinions from mental health professionals to support your claim may be necessary.
Two-Year Statute of Limitations
Although Florida previously allowed four years to bring most personal injury lawsuits, as of 2023, Florida limited this period to two years. Your two-year window begins on the day of the accident. Although two years may seem like an extended amount of time, once you add time spent compiling relevant documents, retaining experts, and allowing your attorneys adequate time to assemble a strong argument on behalf of you and/or your loved ones injured in the accident, time flies.
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Get your FREE & confidential case review todaySteps to Building a Strong Anxiety Claim in Florida
See Your Doctor ASAP
The most important step to take immediately after an auto accident is to seek medical and mental health attention. It doesn’t matter if your injuries seem minor; see your primary physician as quickly as possible, and then see a psychologist or psychiatrist if you are experiencing anxiety, sleep problems, flashbacks, or avoidance behavior. That’s where your claim starts. Insurance companies will use treatment gaps (i.e., when you didn’t go to appointments) to argue that your symptoms were either not that bad or didn’t result from the accident.
Document Everything
Keep a diary of each episode of anxiety you experience. Include: (1) What caused the episode; (2) How long did the episode last; (3) How did the episode affect your day; (4) Were you afraid to drive? Were you unable to attend events? Did you miss work? Have all of those things documented. Ask family members and/or close friends to document their observations of the way your anxiety is affecting your behavior. Documentation from third parties carries significant weight as supporting evidence.
Collect All Expenses Related To Your Treatment
Save every receipt related to your treatment: (1) Therapy bills; (2) Medication costs; (3) Miles driven to/from treatment sessions; (4) Co-payments. If your anxiety prevents you from performing your job duties, obtain a letter from your employer stating the extent of the reduction in hours worked, modifications made to your job duties, or time missed due to your anxiety. The financial data you collect will provide strong support for the economic damage part of your claim.
Avoid Giving Recorded Statements To Other Driver’s Insurer Without Consulting With an Attorney First
Do not provide a recorded statement to the insurer representing the person(s) responsible for the accident without consulting with an attorney. Insurance adjuster personnel are trained to ask leading-type questions to limit your claim. Anything you state could potentially be used as evidence against you in future litigation. The same applies to social media. A single photo posted on social media showing you smiling while attending a family gathering can be removed from its context and provided to the insurer as proof that you are “doing well.” Avoid posting photos online, and do not accept a friend request from someone you do not know during this time.
Speak With an Experienced Florida Personal Injury Attorney
The sooner you speak with an experienced Florida personal injury attorney about potential claims stemming from an accident involving you, the better. An experienced attorney can determine if your claim meets the requirements of Florida’s Impact Rule and Permanent-Injury Threshold, find and retain for you suitable medical and psychiatric expert witnesses, deal with communication with the insurer(s), and ensure that you comply with all applicable statutes of limitation and filing deadlines. At Zoeller Law, we have earned a reputation for being prepared and obtaining excellent results on serious injury cases, including emotional distress claims that many law firms would hesitate to pursue. We offer complimentary consultations regarding your case, and we do not require payment unless we secure compensation for you through settlement or judgment.
Potential Types of Compensation For Anxiety Claims in Florida
Once your claim qualifies under Florida’s laws for recovery, there are two types of damages available:
Economic Damages: These damages compensate you for monetary losses resulting from the accident, such as: (1) Costs associated with therapy and counseling; (2) Prescription medication costs; (3) Travel costs to visit medical providers for treatment; (4) Wages lost due to inability to perform job duties and/or reduced earnings capability.
Non-Economic Damages: These damages compensate you for non-monetary damages resulting from the accident, specifically: (1) Pain and Suffering; (2) Loss of Enjoyment of Life; (3) Emotional harm related to the anxiety resulting from the accident.
Numerous factors will influence the amount of money awarded to you in a claim for anxiety damages, including: (1) How debilitating are your symptoms; (2) How long have you been experiencing symptoms; (3) How extensively have your symptoms impacted your employment/work performance/personal relationships/daily routine; (4) How much have you spent on treatment and therapy for anxiety-related issues. Since there is no standard formula for determining how much to award for anxiety damages, it is crucial that you have an experienced attorney advocating on your behalf.
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Get your FREE & confidential case review todayAddressing Barriers to Establishing Liability For Anxiety
Insurance companies exist to pay out as little as legally necessary. Therefore, it is common for insurance companies to dispute emotional distress claims. Tactics used by insurers to dispute these claims include: (1) Arguing that your pre-existing anxiety symptoms existed prior to the accident; (2) Pointing out lapses in your treatment history; (3) Alleging that your reported symptoms are grossly exaggerated or unrelated to the accident.
Your best defense against these allegations is consistent action. Continue attending regular therapy sessions. Continuously document the occurrence of each episode of anxiety, when it occurred, and how it affected your daily activities. Notify your treating physicians anytime your condition changes so that those changes are documented in your clinical record. Written statements from treating physicians who have seen you over an extended period of time carry significantly more weight than written opinions from one-time evaluators.
In addition, in many cases, it is beneficial to present expert testimony from licensed psychiatrists/psychologists who specialize in treating patients with diagnosable anxiety disorders. Expert witnesses can describe what a diagnosed anxiety disorder typically presents, how it developed as a result of the accident, and what the expected duration of suffering from the condition will be. At Zoeller Law, we work with competent expert witnesses whose professional opinions can enhance the credibility of our clients’ claims.
Deadlines For Filing Claims Under Statutes of Limitations
As previously stated, Florida provides injured persons two years from the date of the accident in which to bring a lawsuit. Failure to meet that deadline virtually guarantees that your claim will be denied.
There is one additional consideration. Anxiety and PTSD can occur days or even months after an accident. In certain limited circumstances, the “Discovery Rule” allows the statute of limitations to begin running on the date upon which the injured party discovers or reasonably should discover his/her injury as opposed to the date of the accident itself. However, this is not a safe-harbor provision, and courts rarely apply this principle favorably. Consequently, documenting when your symptoms first began occurring and consulting with an attorney as soon as possible is still recommended.
