Generally speaking, the answer is no. According to the case law as of the date of this article the impact rule prevents a car accident victim from being able to recover damages for emotional distress and/or mental anguish that occurred, with no physical injuries involved:
“We begin our analysis of the question presented with a brief review of the impact rule as it has been applied by the courts in this state. The rule requires that “before a plaintiff can recover damages for emotional distress caused by the negligence of another, the emotional distress *478 suffered must flow from physical injuries sustained in an impact.” R.J. v. Humana of Fla., Inc., 652 So.2d 360, 362 (Fla.1995) (quoting Reynolds v. State Farm Mut. Auto. Ins. Co., 611 So.2d 1294, 1296 (Fla. 4th DCA 1992)). The impact rule has been traditionally applied primarily as a limitation to assure a tangible validity of claims for emotional or psychological harm. See R.J., 652 So.2d at 363; Gonzalez v. Metro. Dade County Pub. Health Trust, 651 So.2d 673, 675 (Fla.1995); Kush v. Lloyd, 616 So.2d 415, 423 n. 5 (Fla.1992). Florida jurisprudence has generally reasoned that such assurance is necessary because, unlike physical injury, emotional harm may not readily align with traditional tort law damage principles. Our courts have explained that the existence of emotional harm is difficult to prove, resultant damages are not easily quantified, and the precise cause of such injury can be elusive. See R.J., 652 So.2d at 362. This Court has also theorized that without the impact rule, Florida courts may be inundated with litigation based solely on psychological injury. See Gonzalez, 651 So.2d at 675.”
However, this case doesn’t mean you won’t be able to recover as there are exceptions to the rule.
Read (From Alan’s injury blog):
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