Can You Sue for Emotional Distress in Georgia?
Emotional distress can cause as much harm as physical injuries. Many people experience severe emotional distress after a car accident, including post traumatic stress disorder, panic attacks, or long-term anxiety. You may wonder if you can sue for emotional distress in Georgia and what you need to prove in court.
In this blog, we will explain what emotional distress claims are in Georgia, what you need to prove, and how working with an experienced Atlanta car accident attorney can help you get the compensation you deserve.
Understanding Emotional Distress Claims in Georgia
Emotional distress claims in Georgia help people recover damages for mental suffering caused by someone else’s actions.
What is Emotional Distress?
Emotional distress is mental pain or suffering. It can include anxiety, panic attacks, or post-traumatic stress disorder. Emotional distress often follows a car accident or another traumatic event.
Two Types of Emotional Distress Claims
Georgia law recognizes two types of claims:
- Intentional Infliction of Emotional Distress (IIED)
- Negligent Infliction of Emotional Distress (NIED)
IIED happens when the defendant acts intentionally or recklessly. Their conduct must be extreme and outrageous. The conduct must cause severe emotional distress. For example, a driver might purposely ram another car in anger.
NIED happens when the defendant’s careless actions cause emotional distress. To sue for NIED, you must show a physical injury or risk of physical injury. For example, a driver causes a collision, leading to physical injuries and emotional suffering.
Requirements for Emotional Distress Claims
To win an emotional distress lawsuit, you must prove the distress was serious. Georgia law does not allow claims for simple hurt feelings. The distress must be severe. It should be supported by medical records or testimony from mental health professionals.
Medical treatment for emotional distress is important. It proves your emotional trauma. Personal injury claims often need expert witness testimony to support emotional distress damages.
Why Emotional Distress Claims Matter
Emotional distress claims help victims of serious car accidents. They recognize the mental suffering caused by someone else’s negligent or intentional actions. A personal injury lawyer or car accident attorney can help gather medical evidence. They can also work with mental health professionals to prove the extent of emotional harm.
The Legal Framework for Emotional Distress Claims in Georgia
Georgia law sets clear rules for emotional distress claims in personal injury cases. Knowing these laws helps you understand if you can sue for emotional distress in Georgia.
Key Georgia Statutes
Two main statutes cover emotional distress in Georgia. O.C.G.A. § 51-12-6 allows victims to seek damages for mental pain and suffering. O.C.G.A. § 51-12-2 covers non-economic damages, which include emotional pain and emotional distress caused by physical injuries. These laws support emotional distress claims when someone’s conduct caused you serious emotional harm.
Requirements for a Claim
To file an emotional distress lawsuit, you must show that the defendant’s actions were negligent or intentional. For intentional infliction of emotional distress, the defendant’s conduct must be extreme and outrageous. For negligent infliction, emotional distress must be linked to a physical injury or a risk of physical injury. The law does not recognize claims based on simple hurt feelings.
What Courts Look For
Courts need clear evidence that your emotional distress is real and severe. Medical records and statements from mental health professionals help prove emotional harm. Panic attacks, severe anxiety, depression, and post-traumatic stress disorder are common forms of emotional distress. Courts also look for how the distress affects your daily life.
Why Georgia Law Matters
Georgia law gives victims of car accidents a path to sue for emotional distress damages. Emotional distress claims can help cover lost wages and medical treatment. They also help recognize the mental suffering caused by someone else’s actions. A personal injury lawyer or car accident attorney can explain your rights and help you build a strong case for your emotional distress claim.
Requirements for Proving Emotional Distress in Georgia
You must meet certain requirements to successfully claim emotional distress in Georgia.
Intentional Infliction of Emotional Distress (IIED)
To prove IIED, you must show that the defendant acted intentionally or recklessly. Their conduct must be extreme and outrageous. You must also show that the behavior directly caused your severe emotional distress. This often applies when someone purposely causes another person severe mental suffering, like in a case of road rage during a car accident.
Negligent Infliction of Emotional Distress (NIED)
NIED requires that the defendant’s careless actions caused you emotional distress. In Georgia, you must also prove that there was a physical injury or the risk of a physical injury. If you suffer emotional trauma after a car accident, but without a physical injury, the claim may not succeed.
The Need for Medical Evidence
Medical records are essential to show that the emotional distress is serious and not minor. Statements from mental health professionals or doctors can support your claim. Panic attacks, post traumatic stress disorder, and severe anxiety are often part of the evidence used to show emotional harm.
Physical Symptoms and Their Impact
Physical symptoms like headaches, trouble sleeping, or panic attacks can help prove that your emotional distress is real. The more severe the symptoms, the stronger your claim. Courts want to see that the emotional distress caused serious changes in your daily life.
Importance of a Car Accident Lawyer
A car accident lawyer can help collect medical records, work with mental health experts, and build a strong case. They can also help show how the defendant’s actions caused your serious emotional distress and seek compensation for your mental suffering.
How Much Can You Sue for Emotional Distress in Georgia?
Emotional distress damages are part of non-economic damages in a personal injury lawsuit in Georgia.
No Set Cap on Damages
Georgia law does not set a specific limit on how much you can sue for emotional distress. The amount depends on how severe your emotional suffering is and how it affects your daily life. Courts decide the amount of damages based on the facts of the case.
Types of Compensation
Damages for emotional distress can include compensation for emotional pain and suffering, lost wages, and medical treatment for your mental health issues. Post-traumatic stress disorder, panic attacks, and other severe symptoms can be part of these claims.
Role of Medical Evidence and Expert Testimony
To get compensation, you need to show how emotional distress has changed your life. Medical records, mental health professionals, and expert witnesses can help show the emotional toll and mental suffering you have faced. The stronger your evidence, the higher your potential recovery.
How a Car Accident Lawyer Can Help
A car accident lawyer can help you understand the full value of your claim and gather the right evidence. They can also explain how Georgia law works for emotional distress claims and help you seek the fair compensation you deserve.
Consult With an Experienced Atlanta Car Accident Lawyer ASAP!
If you have suffered emotional distress after a car accident, our team at The Weinstein Firm is here to help. We understand how emotional trauma can affect your life and are dedicated to fighting for the compensation you deserve.
Contact us at 770-HELP-NOW for a free claim review today!
