In many states, including Florida, a physical impact is required for a plaintiff to recover mental and emotional damages for most torts. There are exceptions for the most egregious misconduct – when some people without any physical impact can recover mental and emotional damages. I have litigated that question successfully on appeal. You can read that reported decision on my website …

Here (Estate of Thomas v. Lee Memorial)

But what if trauma experienced without any other physical contact – other than the seeing or hearing it – changed the brain in some way? Would that satisfy the impact rule? I am glad that some judges are asking these questions. It could be a game changer for people whose lives have been affected by witnessing horrible trauma.

“How is the brain different from a finger?” the judge asked. “Why isn’t the injury to the brain physical? And why isn’t the brain’s interaction with the device physical?”

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1721210?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-10-30&read_main=1&nlsidx=0&nlaidx=0?copied=1