Can Florida Parents Sue for Emotional Distress After Their Child Is Injured in a Car Accident?

September 30, 2025

Dennis Hernandez

When a child is hurt in a Florida car accident, the sheer emotional weight for parents can be too much. In addition, the concern about their child’s well-being, parents may also experience high levels of anxiety, difficulty falling asleep and maintaining sleep, depression, and chronic psychological distress. But these emotional effects — what the law calls parental emotional damages — are not insignificant and, in some circumstances, can be recovered under Florida law.

At Dennis Hernandez Injury Attorneys, we’ve helped families all across Florida get what they deserved after serious accidents. We fight to get you paid when tourist drivers, careless other drivers or a bad situation harms your child.

This guide explains when, and how parents can recover emotional distress after a car accident in Florida.

What Qualifies as Emotional Distress in Florida Car Accidents?

The state of Florida has defined emotional distress as severe mental suffering that is caused by a traumatic experience. Parents may suffer from significant psychological symptoms following a car crash in which their injured child experiences pain or needs hospitalization. These could include depression, post-traumatic stress disorder (PTSD), panic attacks and a sense that life is not as enjoyable.

In the state of Florida, in order to pursue a lawful legal claim for emotional damages, you must be able to prove that such distress is severe and ongoing or documented — specially by medical or psychological documentation).

How Are Parental Emotional Damages Viewed Under Florida Law?

In the legal sense, parental emotional damages refer to pain and anguish suffered by a parent due to his/her child’s injuries at the hands of someone else. This may be from the fact that you watched it happen, saw your child in pain or finding it hard to cope with long-term medical treatment.

Unlike economic losses, suffering isn’t factored in by receipts —there needs to be substantial evidence illustrating how much it interfered with the parent’s life. The courts treat these allegations with great care, particularly when they concern children.

What Are the Two Legal Theories for Emotional Distress Claims?

Florida parents generally turn to one of two legal frameworks:

Negligent Infliction of Emotional Distress (NIED)
Intentional Infliction of Emotional Distress (IIED)

Each theory needs different kinds of evidence, and it is applicable in a different context.

When Does Negligent Infliction of Emotional Distress Apply?

NIED comes into play when a person’s negligence results in another individual suffering severe emotional distress. In Florida, that will generally mean a “physical impact” is necessary to satisfy the impact rule, but exceptions do exist — especially when it involves a parent witnessing their child being injured.

To prove NIED, you must show:

The defendant owed a duty of care
That duty was breached
The breach caused emotional distress
There was physical strike or manifestation

Under current case law, exceptions may be applied to parents who witnessed their child’s accident or its aftermath.

What About Intentional Infliction of Emotional Distress?

IIED allegations rest on conduct that is extreme, outrageous and purposefully done to cause distress. These can be more difficult to prove but could apply if someone clearly acted out of malice or abusively or with the specific intent to inflict harm on your child.

In order to prove an IIED claim, you must show:

As a result, the conduct was outrageous and intentional.
Emotional stress was very high and long-lasting.

Why Are Emotional Distress Claims So Difficult in Florida?

Pursuant to the so-called “impact rule” as applied in R.J. v. Humana of Florida, Inc., a physical impact is necessary for recovery on most emotional distress claims in Florida. But the courts have made exceptions — especially in cases rooted in close familial connections, like when a parent witnesses a child seriously injured in an auto accident.

Still, these claims face scrutiny. You must show:

The emotional suffering is serious and diagnosable
There’s a direct correlation to the defendant’s actions.
There is credible evidence including therapeutic records, or one or more psychiatric evaluation or examination.

Can a Parent Sue Without Physical Contact?

Sometimes. Florida law does allow parents to sue even if they didn’t sustain a physical injury — especially if they saw the harm that befell their child, or its immediate aftermath. This standard has been applied in decisions dealing with wrongful death, serious injury to a child or trauma at the scene.

But each case is based on specific facts, so it’s important to seek the counsel of a qualified Florida attorney.

What Should Parents Do After a Child Is Injured in a Florida Car Accident?

Get medical attention immediately. Make sure your child is seen by a doctor and take all advice for treatment too.
Document your emotional symptoms. Keep a personal journal. Record differences in sleep, work and social habits or visiting a therapist.
Collect evidence. Keep the original police report and hospital records — as well as any emails with or notes provided by doctors or psychologists.
Speak with witnesses. Anyone who either witnessed the crash, or your reaction to it can help bolster a claim for emotional distress.
Call a lawyer. Emotional distress claims are complex. Let a seasoned company assist you with seeking the compensation that you are due.

What Damages Can Parents Claim?

If successful, a parent could recover for:

Therapy and mental health care
Emotional distress
Loss of enjoyment of life
Deprivation of the child’s company.
Costs of future care or loss of earning capacity from emotional impairment.

Also, if the defendant’s actions were particularly willful or wanton, you can also pursue punitive damages pursuant to Florida Statute § 768.72.

What Is the Deadline to File?

Under Florida Statutes § 95.11, The Florida statute of limitations for most emotional distress or personal injury claims is two years. There are other time frames if the claim is for medical malpractice or against a government entity.

Don’t wait. Evidence fades fast. You should speak to a lawyer as soon as possible in order to ensure your rights are protected.

What Role Do Psychological Records Play?

Chances are you’ll need documents from a:

Licensed therapist.
Psychiatrist or psychologist.
Primary care doctor validating your symptoms.

Courts require more than just your testimony — they need independent third-party verification that your emotional pain is significant. This is especially important when attempting to recover for parental emotional distress associated with a child injured in a Florida car accident.

How Can Dennis Hernandez Injury Attorneys Help?

At Dennis Hernandez Injury Attorneys, we understand the pain families face after a crash involving an injured child. Our team offers:

Free consultations
No upfront costs
Aggressive pursuit of full compensation

We know how to construct solid claims that won’t fall apart in court, even those claims deal involving emotional distress after a Florida car accident. Our firm has won millions and millions for parents and families — and we’re ready to fight for you too.

We fight to get you paid!

Final Thoughts: Seek Justice for Your Family’s Pain

No mother or father anywhere should have to live silently with the pain of watching their child face the consequences of a traumatizing car accident. So, if your family has been affected by a reckless driver, don’t wait for any further and learn about your rights.

Your recovery could also include substantial compensation for emotional pain and suffering, especially given Florida’s legal exceptions if you had a close family relationship with the victim. Justice is possible with the right legal help.