A cause of action for Negligent Infliction of Emotional Distress may be precluded by the “impact rule,” unless a plaintiff demonstrates that the emotional distress was a direct result of the physical injury or injuries sustained by the plaintiff in the impact. To recover damages for negligent infliction of emotional distress, the plaintiff must demonstrate the elements of the “impact rule”:

• The emotional stress flowed from a direct physical injury resulting from defendant’s negligent act; or
• The physical injury resulted from the plaintiff’s mental distress caused by the defendant’s negligent act;

Additionally, the emotional distress must result from both:

• Fear for one’s own safety; and
• Distress caused by anxiety about the safety of another.

Florida courts will apply the impact rule when the cause of action involves purely emotional damages because the emotional harm is too difficult to prove as a source of the injury. The courts will apply the impact rule for validity of the negligent infliction of emotional distress claim. However, the impact rule is not applicable when emotional damages are an additional consequence of conduct that itself is an independent tort apart from any emotional or psychological injury. Similarly, the impact rule is not applicable to torts in which the damages are predominantly emotional, for example, defamation or invasion of privacy.

The Florida Supreme Court has made an exception to the impact rule in bystander cases by excusing the lack of a physical impact. In such cases, the Court has allowed recovery for emotional distress when the plaintiff suffers death or significant physical injury caused by psychological trauma as a result of a negligent injury imposed to a close family member of the physically injured plaintiff.

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.