In short, it depends. In Florida, you may potentially pursue legal action for abusive or insulting language under specific circumstances. Under Florida Statute 784.048, harassment is defined as “a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.” If abusive language made against you meets that threshold, then you may have grounds for legal action against the person who made it.
Additionally, under Florida Statute 760.51, you may also have a cause of action if someone “interferes by threats, intimidation, or coercion” with your individual rights. That statute allows for civil penalties up to $10,000 per violation of your rights by threats, intimidation, or coercion. The Attorney General may then bring action on your behalf against the person that violated your rights.
For instance, if a landlord threatens and intimidates a tenant or because of their religion by repeatedly making hostile comments and threatening to cut off utilities unless they remove religious symbols from their unit, that would likely constitute interference with their fundamental rights to freedom of religion.
Further, because the interference occurred through threats and intimidation and the landlord’s action violated the tenant’s constitutional right to religious freedom and fair housing rights, the Attorney General in Florida could bring a civil action against the landlord on behalf of the tenant.
How Do I Prove Verbal Abuse or Insulting Language Damages in Florida?
In order to prove damages from verbal abuse or insulting language, you must meet specific legal standards and legal elements that go beyond mere insults or rudeness. Specifically, under Florida Statute 741.28, in order to successfully pursue a civil action for verbal abuse, you must demonstrate that the conduct was both intentional or reckless and extreme or outrageous, while establishing a direct causal connection between the abusive behavior and the resulting harm.
Actions for damages related to verbal abuse or insulting language are often brought as an emotional distress lawsuit in Florida under laws concerning emotional abuse in Florida. Emotional distress claims require that you prove either physical impact or physical manifestation of your emotional distress.
For Intentional Infliction of Emotional Distress (“IIED”), the conduct must be extreme, outrageous, and beyond all bounds of decency. For claims of Negligent Infliction of Emotional Distress (“NIED”), you must demonstrate:
- Physical impact from the incident
- Emotional distress flowing from the injury
- Physical manifestation of the emotional distress
- The distress is caused by the defendant’s negligence
It is important to note that proving damages in these cases requires substantial evidence. This evidence typically includes documentation of the abuse through texts, emails, recordings, or witness statements, along with professional documentation of any emotional or psychological impact. The court will look at your evidence for proof of financial losses, as well as ongoing patterns of behavior, and evidence that the abuse has significantly impacted daily functioning.
In order to prove your damages, you must demonstrate actual emotional or psychological harm, which may include medical or therapy expenses, lost wages, and any physical manifestations of emotional distress.
Florida courts particularly scrutinize cases involving domestic situations, looking for patterns of coercive control, threats of violence, attempts to isolate the victim, and economic coercion. The abuse you suffered must be sustained or repeated, severe enough to cause significant distress, and beyond what a reasonable person would be expected to endure in normal circumstances.
The burden of proof requires that you show that the verbal abuse you suffered has caused genuine and substantial harm, not just temporary upset or discomfort. This often requires expert testimony from mental health professionals who can verify the psychological impact and establish the connection between the abusive behavior and the claimed damages.
Courts will then evaluate whether the conduct you suffered was sufficiently extreme to warrant legal intervention and if your emotional distress claimed is severe enough to justify compensation. Should you have any questions regarding proving damages for abusive or insulting language lawsuits, it is recommended to set up an attorney consultation with a Florida lawyer who has experience in filing a verbal abuse lawsuit.
How Much Does It Cost To Sue for Verbal Abuse in Florida?
As far as the total cost for suing for verbal abuse in Florida, the total cost of your case will depend on multiple different factors. First, the total cost of your case will be determined by whether or not you are being represented by a personal injury lawyer in Florida.
If you are being represented, your attorney may choose to employ many different fee structures. Attorneys might work for a percentage of the settlement (i.e., on a contingency basis), charge by the hour (i.e., work on an hourly fee agreement), or set a fixed rate for their services (i.e., perform service for a one time flat fee).
Beyond attorney fees, there are also mandatory court costs, including filing fees in the circuit court system and expenses for serving legal documents to defendants. If your case requires expert testimony from mental health professionals to prove your emotional damages or mental anguish damages, these specialists’ fees will add additional costs.
It is important to note that Florida’s small claims court system offers an alternative for cases involving smaller damages. These courts often allow self representation to reduce expenses, as well as a more streamlined system for handling claims.
It is also worth noting that Florida law sometimes allows for the recovery of legal fees from the defendant if the plaintiff prevails in their lawsuit. However, this isn’t guaranteed.
What Are Some Examples of Abusive or Insulting Language?
As mentioned above, actionable abusive or insulting language must rise beyond mere insults to constitute legally pursuable harm. Examples of abusive or insulting language that may constitute a lawsuit include:
- Specific death threats or credible threats of violence
- Persistent harassment that causes documented emotional distress
- Discriminatory language in the workplace that creates a hostile environment
- Any abusive or insulting statements that cause verifiable economic harm
- Any other language that involves extortion, blackmail, or coercive threats to reveal private information would also be actionable
Will Either Party Be Liable for Damages When Both Parties Exchanged Abusive or Insulting Language?
When both parties engage in abusive or insulting language, the doctrine of comparative fault may apply. Under Florida’s modified comparative negligence system, if a plaintiff is found to be more than 50% at fault for their damages, they cannot recover anything.
The court will typically evaluate the severity and impact of each party’s conduct, potentially reducing damages for each party based on each party’s degree of fault. However, if both parties are deemed equally culpable in provoking or escalating the situation, it may be difficult for either to recover damages under the comparative negligence system.
All in all, the court will examine who initiated the hostile exchange and whether one party’s response was disproportionate to the initial provocation when determining liability.
Can I Sue if Someone Said Something That Made Me “Feel Bad?”
As mentioned above, In Florida, merely “feeling bad” from another person’s comments isn’t enough to support a legal claim. In order to be legally actionable, the conduct must meet the following criteria:
- The behavior must be extreme and outrageous, beyond all bounds of decency
- The emotional distress must be severe and verifiable
- There must be proof of actual damages or harm
- The conduct must be intentional or recklessly caused
Do I Need To Have Physical Symptoms of Emotional Distress To Sue?
As noted above, under Florida’s impact rule, you typically need to show either physical impact or physical manifestations of emotional distress in order to pursue a claim. However, there are some exceptions to this rule, including cases involving defamation, invasion of privacy, wrongful birth claims, and intentional infliction of emotional distress where the conduct is particularly outrageous.
The Florida Supreme Court has held that in cases of intentional or egregious conduct, physical symptoms may not be required if the emotional distress is severe and verifiable through other means.
Do I Need a Personal Injury Attorney To Sue for Emotional Distress?
If you are experiencing emotional distress caused by abusive or insulting language of another party or know of someone experiencing emotional distress, it is recommended that you immediately consult a personal injury lawyer in Florida.
LegalMatch can assist you in locating and setting up an attorney consultation with an experienced personal injury attorney near you. An experienced lawyer will be able to inform you of your legal rights and best course of legal action under Florida’s specific laws on abusive and insulting language.
An attorney will also be able to inform you of all of the laws that may affect any claim you may have for damages related to your emotional distress. Additionally, they will be able to assist you in drafting and filing a civil lawsuit against the party that harmed you. Finally, a lawyer can also represent you in court, as needed.
