Many accident victims ask whether they can sue for emotional distress in a personal injury lawsuit in Georgia. The answer is yes, but only in some instances. In this state, a person can seek compensation for emotional distress in a personal injury claim only when they have also suffered physical injuries from the accident.
At Sherrod & Bernard, P.C., we know how an accident can cause more than physical and financial damage. It can also take a toll on a person’s emotional health and lead to significant distress and anxiety. We are here to help.
This article discusses whether you can sue for emotional distress damages in Georgia. To learn more about how an experienced personal injury attorney can help you pursue maximum compensation for your physical and mental injuries, contact us today and receive a free consultation.
What Is Emotional Distress?
Emotional distress is subjective and varies from person to person and case to case. Generally, emotional distress is the mental suffering a person experiences due to a traumatic incident, like an accident.
The signs of emotional distress can take many forms. Many accident victims suffer anxiety, depression, insomnia, panic attacks, and other disruptive emotions that impact their daily lives. Depending on the nature of the accident, some victims have post-traumatic stress disorder, or PTSD.
The problem with emotional distress is that it is invisible. It doesn’t leave physical scars or signs of apparent injury in its wake. However, it can still affect a person’s quality of life and make daily tasks feel insurmountable.
How Do You Prove Emotional Distress in Georgia?
Proving emotional distress can be highly challenging. Emotional distress can be an “invisible injury” because, unlike a broken bone or burn scar, you can’t see the injury or its impact on a person’s life. A lawsuit seeking compensation for emotional distress must include evidence demonstrating that another party’s actions (or failure to act):
- Caused the victim to suffer physical injuries and emotional distress, which
- Significantly impact the person’s overall quality of life.
Proving these elements comes down to gathering and preserving evidence such as medical records, statements from witnesses or family and friends, and expert witness testimony from medical and mental health professionals. This testimony can show how a person has been affected by the accident, and that the accident and their injuries resulted in emotional and mental distress.
What Are Some Accidents that Could Cause Emotional Distress?
At Sherrod & Bernard, P.C., our personal injury attorneys have extensive experience managing personal injury accident cases that can cause emotional distress. Some of the most common accidents that may result in mental and emotional trauma and distress include the following:
- Car accidents
- Tractor-trailer accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Slip and fall injuries
- Medical malpractice
- Nursing home abuse and neglect
- Construction site accidents
- Premises liability
- Product defects
- Defective medical devices.
Not all accidents fall neatly into a specific category. If you have suffered due to the careless actions of another party, discuss your situation with a personal injury attorney. Doing so lets you understand more about your rights and legal options for pursuing compensation for emotional distress in Georgia.
What Are Some Examples of Emotional Distress?
Medical professionals describe emotional distress as mental or psychological suffering or discomfort that affects a person’s daily life. Trauma from an accident can cause emotional and mental suffering, including:
- Depression
- Anxiety
- Fear
- Insomnia or sleep disturbances
- Changes in eating patterns
- Changes in behavior
- Mood swings
- Irritability
- Difficulty concentrating
- Flashbacks of the event
- Withdrawal from family, friends, or favorite activities
- Feelings of shame, helplessness, or guilt.
It is natural to experience emotional distress following a traumatic or life-altering event. If you experience any of the above symptoms or notice a friend or family member acting differently after an accident, seek professional mental health help. Therapy and counseling can help you work through your emotions and develop coping strategies to get your life back on track. A skilled personal injury attorney also has the tools and resources to offer you help and support.
Is a Physical Injury Required to Seek Compensation for Emotional Distress?
Georgia law allows injured accident victims to seek compensation for mental distress, but only in cases where a physical injury occurred. Other compensation you may pursue in a personal injury accident case can include the following:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Loss of enjoyment of life
- Property damage.
The value of emotional distress and other injuries depends on the severity of those injuries, the cause of the accident, and other factors. A Georgia personal injury attorney at Sherrod & Bernard, P.C., can evaluate all aspects of your situation and calculate the value of your case before negotiating for maximum compensation for your emotional distress and physical injuries.
Is There a Time Limit in Georgia for Suing for Emotional Distress?
Georgia places a time limit on filing personal injury lawsuits for emotional distress and other injuries. Accident victims have two years from the injury date to file their case. Missing the deadline will hurt your negotiating leverage and ability to bring a case to court. The court can dismiss cases filed after the legal deadline expires.
Although two years sounds like ample time to evaluate your options for seeking compensation, the longer you wait, the more challenging it may be to build a compelling case. Memories fade, and evidence can be lost. It benefits you to have a personal injury attorney review your situation as soon as possible so all legal avenues remain open.
Contact a Georgia Personal Injury Lawyer
In Georgia, you can sue for emotional distress and emotional anguish. However, fighting for fair compensation can be an uphill battle without a skilled attorney. At Sherrod & Bernard, P.C., we have built our firm on delivering results and treating our clients like family. We can leverage over 85 years of combined legal experience to help you seek the most favorable outcome possible. Contact us now to learn more in a free consultation.
