Car accidents often come with heavy emotional trauma, and in many cases, you may be able to claim damages for the resulting emotional distress. If you have been suffering from the emotional consequences of an accident, you can speak with a Columbus car accident lawyer from Fox Injury Law to learn more about your options.
Does Georgia let you claim emotional distress on its own?
Under the Georgia Impact Rule, recovering emotional distress damages for ordinary negligence generally requires three elements:
- A physical impact to the plaintiff
- The impact causes physical injury
- The physical injury causes the plaintiff’s mental suffering, or emotional distress and anguish
Given this standard, you must show an accompanying injury before you can claim damages for emotional distress. If you are unsure whether you qualify, you should speak with a personal injury attorney who can help you more clearly understand your options.
What kinds of emotional harm can a Georgia claim cover?
Emotional distress can take many forms, including anxiety, depression, mental anguish, and loss of enjoyment of life. Some people experience these symptoms because of the accident itself, while others struggle with the emotional effects of their physical injuries and recovery.
Georgia law generally requires a connection between physical injury and emotional distress in negligence claims (though limited exceptions might apply).
Some of the symptoms may be related to the experience of the accident itself, or they may occur from the resulting stress and strain of coping with and recovering from your injuries.
Georgia law generally allows compensation for emotional distress caused by negligence when the claim satisfies the state’s physical impact rule. This typically means showing that the accident caused a physical injury and that the injury resulted in emotional suffering. Limited exceptions may apply.
What about PTSD after a crash?
Post-traumatic stress disorder (PTSD) after a car accident is a very common experience for survivors. The symptoms can often look like depression or anxiety, but may also come with nightmares, flashbacks, and other experiences that can be life-altering and dramatically affect your personal and professional functioning.
PTSD can be treated with therapy and medication, but it can be costly and time-consuming. If you have developed PTSD as a result of a car accident, you may be able to collect compensation for the emotional pain and suffering as well as the cost of treatment.
Is intentional infliction of emotional distress different?
Georgia treats intentional infliction of emotional distress (IIED) differently, and you may be able to pursue damages for it. However, you must show that they engaged in intentional or reckless conduct that goes beyond what most reasonable people would consider tolerable in a civilized society. Finally, you must show that this conduct caused your severe emotional distress.
Emotional distress claims can be difficult to support, but if you feel that the responsible party specifically targeted you in an effort to scare or harm you, you may want to consider speaking with an attorney to see if they think you are eligible to sue for emotional distress
How do you prove emotional distress after a crash?
Emotional distress after a car accident can be difficult to prove without the appropriate documentation. One of the easiest ways to do this is through clinical and psychiatric records. A therapist, psychiatrist, and some other professionals can diagnose you with depression, anxiety, PTSD, or other mental health conditions that are related to your accident.
It may also be helpful to keep a log of your moods and symptoms. If you have not worked with a therapist, you may be able to use your own documentation to show how the accident has affected you. You can include family events that you missed, mistakes at work, or days that you struggled to go in.
In some cases, witness statements can also help show how the accident affected your emotional capacity and other social relationships. They may be able to speak to changes or symptoms they noticed in your behavior after the accident.
Talk to a car accident lawyer at Fox Injury Law
If you were injured in a car accident, you may have more options than you think when it comes to recovering compensation. Whether you are seeking damages for economic losses such as lost wages and bills for medical care, or non-economic losses like pain and suffering, Fox Injury Lawyers are here to help in any way we can.
Call us today at (404) 777-7778, or you can go online to schedule a free case consultation and learn more about your options to help you get back to normal daily life.
