How To Prove A Florida Negligent Infliction of Emotional Distress Claim
In Florida, a claim of Negligent Infliction of Emotional Distress is defined as:
Negligent Infliction of Emotional Distress is a common law tort that allows individuals to recover for severe emotional distress caused by another who recklessly inflicted psychological distress.
It simply means:
When a party causes someone psychological suffering.
There are 6 elements of the claim:
- Element 1. The defendant owed a duty. The defendant had a responsibility to act carefully and avoid causing harm to others, meaning they should have taken steps to prevent actions that could lead to emotional distress for someone else.
Facts that might support this element look like:
* The defendant was a licensed therapist responsible for the mental well-being of their clients.
* The defendant had a contractual obligation to provide a safe and supportive environment for the plaintiff during therapy sessions.
* The defendant was aware of the plaintiff’s vulnerable emotional state and the potential for harm.
* The defendant failed to follow established professional guidelines that protect clients from emotional distress.
* The defendant had a history of complaints regarding their treatment methods, indicating a pattern of negligence. - Element 2. The defendant breached that duty. The defendant failed to act with the care expected of a reasonable person, causing harm or distress to the plaintiff, which is a key part of proving that they were negligent in a way that led to emotional suffering.
Facts that might support this element look like:
* The defendant failed to provide adequate warnings about the hazardous conditions present at the site, leading to an unsafe environment.
* The defendant ignored multiple complaints from employees regarding the distressing behavior of a coworker, allowing the situation to escalate.
* The defendant did not implement necessary safety protocols, resulting in an incident that caused significant emotional distress to the plaintiff.
* The defendant was aware of the potential for emotional harm but chose to take no action to mitigate the risks involved.
* The defendant’s actions directly contributed to a traumatic event that caused the plaintiff to suffer severe emotional distress. - Element 3. The plaintiff suffered a physical injury. The plaintiff experienced a physical injury, such as a bruise or broken bone, which is necessary to support their claim of emotional distress caused by someone else’s careless actions, showing that the harm was not just emotional but also had a tangible, physical impact.
Facts that might support this element look like:
* The plaintiff was involved in a car accident caused by the defendant’s reckless driving, resulting in a broken arm.
* Following the accident, the plaintiff experienced severe headaches and anxiety, requiring medical treatment and therapy.
* The plaintiff’s physical injuries led to significant limitations in daily activities, causing emotional distress and frustration.
* Medical records indicate that the plaintiff suffered from chronic pain and depression as a direct result of the incident.
* The plaintiff was hospitalized for several days due to injuries sustained in the accident, exacerbating feelings of vulnerability and fear. - Element 4. The plaintiff’s physical injury was caused by psychological trauma that arose from the plaintiff’s involvement in the incident. The plaintiff suffered a physical injury because the emotional distress from being involved in the incident caused them significant psychological trauma, linking their mental suffering directly to the event.
Facts that might support this element look like:
* The plaintiff experienced severe anxiety and panic attacks immediately following the incident, which were documented by a mental health professional.
* The plaintiff reported intrusive thoughts and flashbacks related to the incident, significantly impacting their daily functioning and quality of life.
* The plaintiff’s physical symptoms, such as headaches and gastrointestinal issues, were diagnosed by a physician as psychosomatic responses to the psychological trauma endured.
* The plaintiff sought therapy specifically to address the emotional distress caused by the incident, indicating a direct link between the event and their psychological state.
* Witnesses observed the plaintiff’s emotional distress during and after the incident, corroborating the psychological impact it had on their well-being. - Element 5. The plaintiff was involved in some way in the event causing negligent injury to another. In other words, the plaintiff saw or heard some or all of the events making up the entire incident. The plaintiff must have been present during the incident that caused harm to someone else, either by seeing or hearing what happened, which is an important part of proving their claim for emotional distress due to someone else’s negligence.
Facts that might support this element look like:
* The plaintiff was present at the scene of the incident and witnessed the events unfold in real time.
* The plaintiff heard the loud crash and the subsequent cries for help, indicating their proximity to the event.
* The plaintiff observed the actions of the defendant that directly led to the injury of another individual.
* The plaintiff was emotionally affected by seeing the aftermath of the incident, including the injured party’s distress.
* The plaintiff attempted to intervene during the incident, demonstrating their active involvement in the situation. - Element 6. The plaintiff had a close personal relationship to the directly injured person. The plaintiff must show that they had a strong personal connection to the person who was harmed, meaning they were likely family members or very close friends, which helps establish the emotional impact of the injury on the plaintiff.
Facts that might support this element look like:
* The plaintiff and the directly injured person were siblings who grew up together and shared a lifelong bond.
* The plaintiff was the primary caregiver for the directly injured person during a critical period of illness, demonstrating their close relationship.
* The plaintiff and the directly injured person lived together for several years, fostering a deep emotional connection.
* The plaintiff and the directly injured person frequently spent holidays and family gatherings together, reinforcing their close personal ties.
* The plaintiff and the directly injured person confided in each other about personal matters, indicating a strong emotional relationship.
(See Civil Jury Instruction 420.6. Champion v. Gray, 478 So. 2d 17 (Fla. 1985); Zell v. Meek, 665 So. 2d 1048 (Fla. 1995).)
If you’re representing yourself in court and plan to assert a Claim of Negligent Infliction of Emotional Distress, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to navigate this complex legal landscape effectively.
Prove Your FL Negligent Infliction of Emotional Distress Claim
U.S. Civil Cases Only