If you are hurt in an accident, you are probably aware that you can file a lawsuit against the responsible party. For example, if you slip and fall at a grocery store and break your leg, you can probably file a lawsuit against the business for your injuries. But what can you do if you suffer an emotional injury?
Mental health issues like post-traumatic stress disorder (PTSD), depression, and anxiety are fairly common after car accidents and other types of accidents. You can recover financial compensation for psychological injuries as part of your non-economic damages, including pain and suffering, emotional trauma, and reduced quality of life. Our Vero Beach personal injury attorneys will help you pursue legal action to recover money for all of your losses, including any psychological injuries that you may have suffered.
Gould Cooksey Fennell represents clients throughout Florida’s Treasure Coast in a range of personal injury matters. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to schedule an appointment with a Vero Beach personal injury lawyer, contact our law offices at any time.
Emotional Injuries
Any type of accident can be traumatic. In fact, one study found that as many as 1 out of 3 victims in non-fatal car accident cases experience moderate to severe mental health symptoms. Being put in physical danger or even witnessing another person being seriously injured can cause lasting psychological harm.
There are many different types of emotional injuries that a person can suffer after an accident. This may include:
- Post-Traumatic Stress Disorder (PTSD): a mental health condition caused by a stressful or frightening event, whether a person was part of the event or witnessed it. PTSD can include a range of symptoms, including intrusive thoughts, avoiding things that remind you of the traumatic event, negative changes in thinking and mood, memory problems, and changes in physical and emotional reactions (such as being hyper vigilant).
- Depression: a mood disorder that causes a persistent feeling of sadness and loss of interest in life. A person may experience angry outbursts, loss of pleasure in normal activities, sleep disturbances, feelings of emptiness, reduced appetite or weight gain, feelings of guilt or worthlessness, difficulty concentrating and making decisions, unexplained physical problems, and thoughts of suicide.
- Anxiety: a condition where a person has intense, excessive, and persistent worry and fear about everyday situations. Symptoms can include increased heart rate, trembling, difficulty sleeping (insomnia), feelings of restlessness, panic, difficulty concentrating, upset stomach, and feeling weak or tired.
- Acute Stress Disorder: a short-term medical condition that often occurs within the first month after experiencing a traumatic event. Symptoms may include anxiety, feelings of intense fear or helplessness, numbness, flashbacks, nightmares, and avoiding situations or places that remind you of the traumatic event.
Any type of traumatic event can cause a psychological injury. This can include incidents such as car accidents, bike accidents, dog bites, boating accidents, injuries caused by dangerous and defective products, burns, and medical malpractice. The key is that something dangerous, scary, or harmful happened to a person and that they suffered psychological consequences as a result.
In 2026, mental health is better understood than it was even just a decade or two ago. As a general rule, people do understand that others can suffer from psychological injuries. However, because they aren’t as obvious as something like a broken leg, it can often be challenging to get others to accept that an emotional injury is just as real and just as devastating as a psychological injury.
We have witnessed firsthand how psychological injuries can affect our clients. They may find it hard to get out of bed in the morning or have difficulty doing things that used to bring them joy. For example, an avid runner who was struck by a car might physically recover from their injuries, but struggle with a fear of running outside for years to come.
If you are hurt in an accident, there is a very real possibility that you will also have emotional injuries. Our law firm works hard to make sure that our clients get compensation for all of their losses. This includes money for your direct losses, like property damage and medical bills, as well as money for any psychological injuries that you may have suffered. Contact us at any time to set up a free consultation with a member of our legal team.
When Can You File a Lawsuit for a Psychological Injury?
In Florida, there are three potential types of damages that you can recover for as part of a personal injury claim:
- Economic damages pay for your financial losses. This can include compensation for expenses such as property damage, medical bills, future medical treatment, lost wages, and reduced earning capacity.
- Non-economic damages pay for intangible losses. Examples include pain and suffering, emotional distress, loss of enjoyment of life, scarring, and disfigurement.
- Punitive damages may be awarded in cases where the at-fault party acted intentionally or recklessly as a way to punish a wrongdoer.
When it comes to psychological injuries, the focus is on non-economic damages. More specifically, you may be able to recover money for emotional distress as part of your personal injury claim.
You can file a lawsuit for a personal injury if another person causes you harm through negligence, reckless, or intentional behavior. For example, if another driver slams into your car after running a red light, you could pursue a personal injury lawsuit against them. Similarly, if a dog attacks you, then you can file a lawsuit against the owner for your injuries.
Florida is one of just a few states that follow what is known as the impact rule. This rule bars a victim (plaintiff) in a personal injury lawsuit from recovering damages exclusively for emotional distress or other psychological injuries if they did not suffer an “impact” or physical injury. In other words, if you weren’t hurt at all in a car accident, then you might not be able to file a lawsuit against the at-fault driver for purely psychological injuries.
There is one important exception to the impact rule. In some cases, you can recover money for emotional injuries even if you suffered no physical injury from the accident. To do so, you must suffer some type of physical harm from your emotional distress or trauma.
For example, consider a situation where a person is standing on a street corner when they witness a driver strike a bicyclist at a high rate of speed. This person is so shocked and horrified by what they witnessed that they faint and hit their head. In this situation, they can pursue a claim for emotional distress even though they did not suffer a physical injury directly from the accident.
There are some other potential exceptions to the impact rule, such as situations where a person was in the “zone of danger” in an accident and reasonably feared for their physical safety. Close family members who witness a traumatic injury to their loved one may also be able to file a claim for emotional distress. Our Vero Beach personal injury lawyers can evaluate your case during a free consultation and help you determine if you might qualify to file a lawsuit based on your emotional injuries.
As the victim, you will usually have the burden of proving that the other party was responsible for your injuries. You must also prove that you suffered losses (damages) in the accident. When it comes to economic damages, this is often relatively straightforward. For example, you can introduce evidence of your medical bills and your pay stubs to prove your financial losses.
It can be harder to prove psychological injuries. Fortunately, our skilled Vero Beach personal injury attorneys are adept at gathering the necessary evidence to prove your case. We will work with you to put together proof of your emotional injuries, such as:
- Medical documentation, including mental health records that show your symptoms, diagnosis, and treatment plans. Reports and/or testimony from therapists, psychiatrists, and other mental health professionals can be particularly important to show the extent of your psychological injuries and how they affect your life.
- Witness testimony from friends, family members, and loved ones. This can be used to show how your emotional injuries have affected your daily life, including your relationships, sleep, appetite, and overall functioning. For example, a spouse might testify that you are irritable and quick to anger and that you sleep an unusual amount yet always seem tired.
- Diaries and calendars can be used to show things like the progression of your symptoms, missed work days, and cancelled social activities.
While proving damages for emotional injuries can be challenging, it is incredibly important to your case. Although no amount of money may make you whole again, getting just compensation can go a long way to providing you with the financial stability that you need to make a full recovery.
If you have been hurt in any type of accident, you may be able to pursue a lawsuit against the at-fault party. Through a claim, you can recover money for both your physical and mental injuries. Our law firm will stand by your side throughout the process, working hard to get you the compensation that you deserve for your losses.
Help for Victims Suffering from Psychological Injuries
Emotional or psychological injuries can be just as devastating as physical injuries. Long after a broken bone or a torn ligament has healed, you might find yourself dealing with PTSD, depression, anxiety, and other types of emotional distress. Our experienced Vero Beach personal injury attorneys will fight to get you full compensation for all of your losses.
At Gould Cooksey Fennell, we represent clients who have been hurt in all types of accidents in the Treasure Coast region of Florida. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a Vero Beach injury lawyer, give us a call at 772-742-4912 or fill out our online contact form.
