To prove causation for negligent infliction of emotional distress, the plaintiff’s physical injury must be caused by the psychological trauma. The temporal proximity between the plaintiff’s physical injury and the psychological trauma is an important factor for the trier of fact to consider in determining causation. If the temporal proximity is a shorter interval of time between the psychological trauma and the physical impact, it will likely be given more consideration and weight for causation by the trier of fact. Additionally, the nature and severity of the injury and the nature of the evidence will also help to confirm or rebut the causal connection between the psychological injury and the physical manifestation. However, temporal proximity between the psychological trauma and the causally connected physical impairment is not an absolute inflexible requirement for recovery for negligent infliction of emotional distress. Rather, temporal proximity should be used simply as a relevant factor to be considered by the trier of fact, for the determination of the causal connection between the trauma and the physical injury. For example, in the Florida case Zell v. Meek, upon witnessing the death of his father, the plaintiff immediately suffered from insomnia, depression, and short-term memory loss, and within months began experiencing physical symptoms.

Additionally, in a cause of action for emotional distress of a spouse witnessing physical harm to another spouse, if a West Palm Beach personal injury lawyer cannot meet the elements necessary for a separate claim he or she may still be able to recover loss of consortium damages related to the physically injured spouse.

If you believe you have suffered emotional distress due to a traumatizing event, the West Palm Beach personal injury attorneys of Sharmin & Sharmin P.A. are here to help you. Call 1-800-74-TRIAL.