Florida law requires that a plaintiff suing for negligent infliction of emotional distress ("NIED") must also have sustained a physical injury. There are 4 elements to negligence in Florida.The 4 parts of negligence include: Duty; Breach of Duty; Causation; Damages. You have a legal right to hold negligent parties liable for their misconduct. Gross negligence is required for certain types of claims. Case Search - Public. Lawsuits against institutions enabling the sexual abuse typically fall under negligence claims, subject to a twoyear statute of limitations. Frankl Kominsky Injury Lawyers serve clients in Broward County and Weston. To file a lawsuit for negligence, you need to prove that the other person was negligent and therefore liable for injury to you. In order to do this, all of.