Do you need a physical injury to recover emotional distress damages?

Posted By on August 9, 2016

In this video, Alan Sackrin answers a question that he has been asked many times before by clients and visitors to this site. If you have questions after watching the video, Alan is available to talk with you now and answer your questions free of charge:

Q: Do you need a physical injury to recover emotional distress damages?

A: In most personal injury cases in Florida, you do need to sustain a physical injury in order to recover emotional distress damages. In car accidents, in slip-and-fall accidents, if you were not injured, you cannot recover non-economic damages such as pain and suffering and mental anguish. This is to avoid frivolous type claims or speculative type claims. Now, however, in a defamation type of a lawsuit, where the person who defames you wants to humiliate you and the intent is to cause mental anguish in many instances, in defamation cases, you can recover for your mental anguish despite the fact that there is no physical injury.

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Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.

 

 

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