Can You Sue the Military for Emotional Distress in Florida?

If you believe the military has wronged you, it is critical that you understand your rights and how to seek compensation for your suffering. If you are currently on active duty within the military, it is typically prohibited to file any type of claim against the military. It may also be prohibited for any of your family members to file a claim against the military for any signs of emotional distress inflicted upon you while you are on active duty.

As a veteran, civilian, or military dependent, you have different rights. If you fall into one of these categories, the military should be viewed as nothing more than a large corporation. According to Florida law, you are allowed to file a claim against any company that has inflicted any wrong upon you.

What Is Emotional Distress?

Emotional distress is not always easy to prove. Unlike a physical injury, there may not seem to be anything obviously wrong with you. Instead, emotional distress is a psychological injury that may be the result of a traumatic event.

To win compensation for emotional distress, evidence must be compiled against the responsible party. It must be proven that they acted in a negligent or reckless way, which has led you to suffer an emotional injury.

Examples of emotional distress can be any of the following:

• Thoughts of suicide
• Increased anxiety
• Depression
• Insomnia
• Feelings of shame or humiliation

Physical Meets Emotional

Physical injuries, although easier to prove, can often intertwine with emotional injuries. For example, if you were involved in a workplace accident that caused you physical harm, the trauma caused by the accident and any resulting physical injuries could lead you to develop emotional distress.

How Do You Begin the Claims Process?

It is important to stay informed when filing a claim against the military. Acting quickly and efficiently can help you avoid delays or prevent your case from being rejected. If you are trying to file a claim against the military for any emotional distress you are currently suffering from, follow these steps:

1. File an Administrative Claim: From the time you learn about your emotional distress, you have two years to file an administrative claim against the appropriate military agency. It is important to not wait and act immediately. The longer you wait, the higher the chance that your case will be denied. It is important to have evidence of the exact day you learned of your distress and to have this information ready to use.
2. Build Your Case: To build a case that will be accepted by the military agency, enough evidence must be accumulated for the military to efficiently evaluate the authenticity of your case. There is no such thing as too many documents. Gather as many documents as you can find to achieve the best results.
3. Wait for Military Response: It can take up to six months for the military to respond to your claim. The military can either agree to pay your claim in full, meaning that they will award you all the money that you asked for. In this case, no further action would be needed. They can also agree to give you less money than you asked for or simply deny your claim altogether. In either of these two cases, you are allowed to file a federal claim within six months after receiving their response.
4. File a Federal Claim: If the military agency rejects your request or offers you less money than you asked for, you have the right to file a federal claim. This claim can only be filed within six months of receiving a response.

FAQs

Q: How much can you sue for emotional distress in Florida?

A: The amount you can claim for emotional distress is dependent on your personal case and the damages you have suffered. If the damages are more severe or even lifelong, there is a better chance of earning more compensation. Compensation for wrongful death may be much higher depending on the circumstances surrounding the death.

Q: How do you prove emotional distress in Florida?

A: Although proving emotional distress can often be much harder than proving physical distress, it can be done. The best evidence can often be a medical examination showing that you suffer from emotional distress of some kind. In addition, eyewitness accounts can help your case by showing how your emotional distress has been witnessed by the individuals around you. The more documentation showing how you suffered, the better chance your case may have.

Q: What kind of damages are emotional distress in Florida?

A: Damages due to emotional distress can vary, but a sufferer of emotional distress may experience anxiety, fear, insomnia, depression, PTSD, suicidal thoughts, or a general loss of quality of life. These symptoms are typically the result of negligence. In other words, if someone had a duty that was breached, resulting in an accident, they can be found negligent in court. If you are claiming emotional distress against the military, you can assert that the military was somehow negligent in your case.

Q: Can I sue for emotional abuse in Florida?

A: It is typically more difficult to sue someone for emotional distress simply because it is harder to prove, but it can be done. To win a case, you will need proper evidence showing that you do in fact suffer from emotional distress, such as a medical diagnosis by a certified doctor. You must also demonstrate that your emotional distress was caused by the recklessness of another.

Contact Cronin & Maxwell

In many cases, claims against the military for compensation are denied. With the help of a private attorney, your chances of winning are exponentially better.

At Cronin & Maxwell, we have been working to get our clients their rightful compensation for many years. Our combined experience and expertise help us provide our clients with the best personal attention to their case. We care about each of our clients and will evaluate their case fairly and honestly.

If you wish to file a claim against the military for any emotional distress inflicted upon you, contact us today.