Can You Get Compensation for Emotional Distress in a Civil Sexual Assault Claim in Florida?
Were you the victim of sexual violence in Florida? You may have a civil claim against the perpetrator or a negligent third party, such as a business, property owner, or institution. Emotional harm is recoverable as a damage in civil sexual assault claims in the state. Here, our West Palm Beach sexual assault lawyer provides an overview of the key things to know about seeking compensation for emotional distress in a civil sexual assault claim in Florida.
Know the Law: Emotional Distress is Recoverable in a Florida Civil Sexual Assault Case
Through a civil sexual assault claim in Florida, victims can seek compensation for both economic non-economic damages. In other words, a civil sexual assault claim is not limited to medical bills or other out-of-pocket losses. Florida law allows an injured victim to seek compensation for the emotional and psychological harm caused by sexual violence. Among other things, that may include:
- Anxiety;
- Depression;
- Post-traumatic stress disorder (PTSD);
- Panic attacks;
- Sleep disruption;
- Humiliation;
- Loss of trust;
- Fear;
- Shame; and
- Loss of life enjoyment.
Your Claim May Be Brought Against the Perpetrator and/or a Third Party
In Florida, a perpetrator can face direct civil liability for intentional torts such as assault, battery, sexual battery, false imprisonment, or intentional infliction of emotional distress. Beyond that, Florida recognizes that third parties may bear responsibility in some cases. A hotel, apartment complex, school, employer, rideshare company, nursing facility, bar, medical provider, or other institution may be liable if its negligence helped allow the assault to occur.
These cases often turn on foreseeability and control. For example, a negligent security claim may focus on prior crimes, broken locks, poor lighting, inadequate staffing, ignored complaints, or a failure to respond to known risks. A civil case against an institution does not require proof that the institution committed the assault. The victim must show that the defendant owed a duty of care, breached that duty, and caused legally compensable harm.
Evidence of Emotional Distress Can Take Many Forms
A victim does not need to suffer a visible physical injury to have real damages. Still, emotional distress damages must be proven. Evidence may include therapy records, psychiatric treatment, medication history, testimony from mental health providers, journals, text messages, changes in work or school performance, withdrawal from relationships, sleep problems, and testimony from trusted family members or friends.
Be Proactive: Strict Deadlines Can Apply to Civil Sexual Assault Claims in Florida
Civil sexual assault claims are very much time-sensitive. Florida sets strict filing deadlines for civil claims. The applicable statute of limitations may depend on the victim’s age, the type of claim, the defendant, and when the harm was discovered.
Note: Claims involving childhood sexual abuse may have different timing rules than claims involving adult victims.
We Represent Sexual Assault Victims in South Florida in Civil Claims
At Pike & Lustig, LLP, our West Palm Beach sexual assault lawyers put victims first. If you or your loved one was the victim of an attack, we are here to protect your rights and help you seek justice, including compensation for emotional distress. Contact us today for a free, fully confidential initial consultation. We handle civil sexual assault claims throughout Florida.
