Matthew Mincone | December 3, 2025 | Personal Injury
Yes, you can sue a family member for emotional distress. However, proving emotional distress without some type of physical injury present can be challenging. The kind of conduct that caused your emotional distress can also play a role in the way your claim is handled.
Keep reading below to learn everything you need to know about emotional distress claims in Florida.
What Is Emotional Distress?
Emotional distress is the mental suffering that occurs in response to an event, a series of events, or a pattern of conduct. In some situations, you may suffer emotional distress as a response to natural occurrences outside of anyone’s control. However, emotional distress can also result from situations that were caused by someone else’s conduct.
Emotional distress is considered a type of non-economic damage because it does not have a direct financial impact on the victim. This can make proving your claim for emotional distress more challenging. You will need plenty of evidence to prove your case and win your claim for emotional distress.
Common Symptoms of Emotional Distress
There are many symptoms that a victim may experience as they go through emotional distress. Some of the most common symptoms include:
- Depression
- Anxiety
- Sleep disorders
- PTSD
- Panic attacks
- Extreme mood swings
- Fatigue or lack of motivation
- Rapid heartbeat
- Lack of appetite
It is not difficult to see the life-changing effects that emotional distress may have on a victim. Seeking medical attention, including mental health care, can be crucial to identifying the evidence that may be needed to prove and win your case.
Can I Sue for Emotional Distress Even if I Don’t Have Physical Injuries?
The short answer is that, depending on the circumstances, you may be able to sue someone for emotional distress even if you did not suffer any physical injuries. However, emotional distress claims without physical injuries present can be difficult to win. Most emotional distress claims include some form of physical injury.
Remember that you have the burden of proof when you file a lawsuit, so you would need plenty of strong evidence on your side to support your claim.
Types of Emotional Distress
There are generally two main types of emotional distress that a victim may suffer.
Negligent Infliction of Emotional Distress
Negligent infliction of emotional distress occurs when someone else’s careless behavior causes your distress. The wrongdoer did not intend to cause you any harm. For instance, imagine another driver negligently causes a car accident, and you suffer serious injuries in that accident. Because of these injuries, you have to endure severe emotional distress.
Intentional Infliction of Emotional Distress
Intentional infliction of emotional distress happens when someone else’s deliberate conduct causes your emotional distress. For example, suppose someone is stalking you and subjecting you to threats and verbal assaults. This behavior could be considered intentional infliction of emotional distress.
Proving Your Emotional Distress Claim
In Florida, spouses can sue each other; parent–child immunity still exists, but it is often waived up to the available insurance and for certain intentional acts. Whether the defendant is a family member or someone else, you will need plenty of evidence on your side. First, you must prove the defendant behaved in a certain manner that caused you emotional distress. Next, you must prove your damages.
Make sure you have detailed medical records to support your claim. This may include reports from psychologists, mental health counselors, or other physicians who have treated you for your emotional distress. Additionally, evidence such as witness statements or text messages can be used to prove your claim and support your case for recovering damages for emotional distress.
Contact Mincone Personal Injury Lawyers for a Free Consultation With a Tampa Personal Injury Lawyer
Do you have questions about suing a family member for emotional distress in Florida? Contact Mincone Personal Injury Lawyers for a free, confidential consultation—call today at (813) 800-0810 or reach out online to discuss your options with a Tampa personal injury attorney.
Mincone Personal Injury Lawyers Tampa
1925 E 6th Ave Unit 10
Tampa, FL 33605
Phone: (813) 800-0810
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Our firm is located near you. We have an office in Tampa, FL.
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About The Author
Attorney Matthew Mincone is the founder of Mincone Personal Injury Lawyers. He earned his law degree while attending night programs in New York and is licensed to practice in Florida. With over 15 years of legal experience, Matthew focuses on personal injury cases, including motor vehicle accidents involving cars, commercial trucks, and motorcycles. His commitment to personally handling each case ensures clients receive dedicated representation. Click here to view some of the remarkable case results that Matthew has successfully achieved.
Location: Tampa, FL
