Challenges of Proving Emotional Distress in Florida Wrongful Death Cases

Losing a loved one is always a devastating experience, especially when the death could have been prevented. If you’ve found yourself in this painful situation, you may be dealing with overwhelming feelings of grief, confusion, and uncertainty. During this time, the last thing you should have to worry about is navigating the complex legal system. If you are facing a wrongful death case in Florida, particularly one that involves emotional distress, you may find it difficult to know where to turn for support.

At our firm, we understand that these challenges can seem insurmountable. The emotional pain of losing someone close to you is immense, and the thought of taking legal action can often feel like an added burden. However, we are here to help guide you through the process. We understand that no amount of compensation can bring your loved one back, but the right legal representation can help you seek justice and hold the responsible parties accountable for their actions.

What is Emotional Distress in a Wrongful Death Case?

Emotional distress is a legal term that refers to the psychological impact someone experiences due to a traumatic event. In the context of wrongful death cases, emotional distress is the suffering, grief, and mental anguish experienced by the surviving family members after the loss of their loved one. While these feelings are deeply real, proving emotional distress in a legal setting can be a challenging aspect of wrongful death claims.

Under Florida law, surviving family members may seek damages for emotional distress if they can prove that the death caused them significant mental suffering. However, unlike physical injuries, emotional distress is not something that can be measured with medical tests or physical evidence. This makes it much harder to substantiate in court. The challenge lies in demonstrating that the emotional pain is severe and that it directly results from the wrongful death.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

The Role of Evidence in Proving Emotional Distress

In most wrongful death cases, evidence plays a pivotal role in securing a favorable outcome. Proving emotional distress, however, is often more complicated since the damage is intangible. Unlike physical injuries that can be documented with x-rays, medical records, and physical examinations, emotional distress requires more subjective evidence.

Typically, emotional distress claims rely on testimony from the surviving family members, often describing their grief, depression, anxiety, and other psychological symptoms. In some cases, survivors may need to present testimony from mental health professionals who can validate the emotional pain experienced after the loss. However, even with expert testimony, emotional distress can still be difficult to prove beyond a reasonable doubt.

The courts will typically examine the severity of the emotional distress, whether it has led to significant changes in the survivor’s daily life, and whether it is consistent with the facts of the case. If a survivor has sought counseling or therapy after the death, the court may consider these actions as evidence of emotional distress. The more documentation and support there is for the emotional suffering, the stronger the case.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

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I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

Florida’s Laws on Emotional Distress in Wrongful Death Claims

In Florida, wrongful death claims are governed by specific laws, including who can file a claim and under what circumstances emotional distress can be included. Florida Statutes section 768.21 provides that certain family members, including the spouse, children, and parents of the deceased, may pursue a wrongful death lawsuit and claim damages for emotional distress.

The law also requires that the emotional distress be proven to be directly caused by the wrongful death. This can be particularly difficult when the cause of death is not immediately clear or when other factors, such as the survivor’s pre-existing mental health conditions, could be contributing to their emotional suffering.

One of the most challenging aspects of a wrongful death case involving emotional distress is that Florida law limits the amount of damages that can be awarded. This is especially true in the case of non-economic damages, which includes emotional distress. The law recognizes that while the emotional pain of losing a loved one is significant, it is not always easy to quantify in monetary terms.

Common Challenges in Proving Emotional Distress

There are several challenges when attempting to prove emotional distress in a Florida wrongful death case. These obstacles can make it harder for survivors to secure the compensation they deserve.

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The first challenge is the burden of proof. In order to win a claim for emotional distress, it must be shown that the distress is both severe and caused directly by the wrongful death. This requires more than just expressing feelings of sadness or grief. The court must be convinced that the survivor’s distress has significantly impacted their ability to function in daily life.

Another challenge is the potential for defense strategies that downplay the emotional suffering. The defense in a wrongful death case may argue that the surviving family members’ emotional distress is exaggerated or not directly linked to the death. They may attempt to suggest that other factors are to blame for the survivor’s grief, making it essential to have strong, supporting evidence.

Furthermore, emotional distress claims in wrongful death cases often involve complex legal arguments, requiring an attorney who can handle the intricacies of both the legal and emotional aspects of the case. This is where having an experienced attorney can make all the difference.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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How an Experienced Attorney Can Help

Given the challenges of proving emotional distress in a Florida wrongful death case, it’s crucial to work with a lawyer who understands the legal nuances and can help gather the necessary evidence to support your claim. While no one can erase the pain of losing a loved one, the right legal counsel can help ensure that you receive fair compensation for the emotional suffering you’ve endured.

An attorney experienced in wrongful death cases will know how to approach emotional distress claims and can help you navigate the complex legal process. They can help gather evidence from medical professionals, therapists, and other experts to support your case. In addition, a skilled attorney will know how to handle defenses that may downplay the severity of your emotional distress.

When dealing with the pain and confusion that follows the loss of a loved one, you deserve the support of a law firm that is compassionate and dedicated to your well-being. Our firm understands the emotional toll that a wrongful death case can take on a family, and we are committed to fighting for justice on your behalf.

At Serrano Law, we understand how overwhelming the legal process can be, especially during such a difficult time. We are here to guide you through each step of the way, ensuring that your case is handled with the utmost care and attention. If you’re facing a wrongful death case in Florida and are struggling with proving emotional distress, don’t hesitate to reach out.

You don’t have to face this alone. Our team is ready to help you navigate the complexities of your case, with empathy and determination. We are here to ensure that you receive the justice you deserve.

If you’re ready to take the next step, contact our firm today. Let us help you focus on healing while we handle the legal aspects of your case. We are here to fight for you.

To learn more about this subject click here: Wrongful Death Claims Involving Slip and Fall Accidents in Florida