Can I Sue for Emotional Distress?
If you’re injured in a car accident, there are all sorts of damages you can claim. Your car accident lawyer will try to get you as much money as possible. In order to do this, however, he has to actually prove that you were injured. This is not always cut and dry.
It’s not hard to prove physical injuries. All you have to do is introduce pictures of your injuries. You’ll also have medical records showing that you were hurt. Some of the injuries that are easier to prove include:
- Back injuries
- Neck injuries
- Facial lacerations
- Internal injuries
- Broken bones
These are the types of injuries that make up most lawsuits. People sue for medical bills. They expect to be compensated for time missed from work. And insurance companies know this going into a case. They can usually estimate what it will cost to settle a case like this.
The problem comes in when plaintiffs claim injuries that are not so easy to prove.
Atlanta Auto Accident Lawyers May Demand Pain and Suffering
Physical injuries aren’t the only types of injuries you can claim in a car accident case. Some of the big money comes into play when a plaintiff claims pain and suffering. Georgia does let a plaintiff demand pain and suffering damages.
Pain and suffering are non-economic damages. They can’t be measured using medical bills and timesheets. They are made up of things that you can’t touch. Some elements of pain and suffering include:
- Actual pain associated with your injuries
- Pain that will linger long after you recover from your injuries
- Pain experienced due to surgeries and physical therapy
- Mental anguish caused by the accident
- The loss of living a normal life
When a jury sees a plaintiff asking for pain and suffering, they tend to look at how severe their injuries were. Juries hate to see a plaintiff asking for pain and suffering when their injuries are minor. This is because jury members put themselves into the shoes of the plaintiff. If they can’t imagine experiencing what the plaintiff claims, they probably aren’t going to award damages.
Atlanta Automobile Accident Attorneys Have to Prove Emotional Distress
A large part of pain and suffering is emotional distress. Emotional distress is just what it sounds like. It’s basically the anxiety and depression caused by a car accident. It is a large part of most personal injury lawsuits. In fact, it can actually lead to more money for a plaintiff than actual physical injuries.
Emotional distress includes the following:
Atlanta automobile accident attorneys will have to prove these elements. You can’t just get on the stand and say that you’re feeling these things. Some of the things your lawyer will do to prove emotional distress include:
- Testimony by psychologists and experts who have examined the plaintiff
- Interviews and testimony by friends and family of the plaintiff who has witnessed his emotional distress
- Proof that the plaintiff is unable to do his job because of his mental anguish
- The testimony of the plaintiff himself
Remember that it’s not easy to prove emotional distress. However, the jury will usually award something even if it’s just a few thousand dollars. If your injuries are serious, the jury will understand that you suffered some amount of pain and mental anguish.
Your Atlanta automobile accident attorney is going to have to prove that you suffered emotional distress. If he’s able to do so, he’ll be able to get you the compensation you deserve.
Contact an Atlanta Car Accident Lawyer Today
If you’ve been involved in a car accident, you’re going to need an Atlanta car accident lawyer. This is especially true if you think you’re entitled to pain and suffering. A big part of pain and suffering is emotional distress.
Damages for emotional distress can be pretty high. You don’t want to risk something like this. You want to have an experienced professional handle this for you. Your lawyer will know how to prove emotional distress. He has years of experience handling cases just like yours.
You can bet the other party is going to have a lawyer. So will the insurance company. They are going to fight hard to defeat your claim for emotional distress. This is why it’s so important that you have a lawyer fighting for you.
Call and schedule your free initial consultation today. Your Atlanta car accident attorney is going to work hard to get you the compensation you deserve.