9-6 Non-Economic Damages
Non-economic damages are not available in a legal malpractice suit. However, in Row-ell v. Holt,56 the Florida Supreme Court carved out one very narrow exception when it answered the following question in the negative:
IN AN ACTION FOR LEGAL MALPRACTICE, DOES THE IMPACT RULE PRECLUDE RECOVERY OF NONECONOMIC DAMAGES WHEN THE UNCON-TROVERTED NEGLIGENT FAILURE TO DELIVER A DOCUMENT THAT WOULD HAVE PRODUCED THE IMMEDIATE RELEASE OF A PRETRIAL DETAINEE RESULTED IN A PROTRACTED PERIOD OF WRONGFUL PRE-TRIAL IMPRISONMENT WITH RESULTANT EMOTIONAL DISTRESS OR PSYCHOLOGICAL HARM, BUT NO PHYSICAL IMPACT?57
The Court held that the impact rule requires "that before a plaintiff can recover damages for emotional distress caused by the negligence of another, the emotional distress suffered must flow from physical injuries sustained in an impact."58 Although the impact rule was deemed inapplicable to the specific facts outlined in the certified question,59 the Court took pains...
