Georgia law generally permits people who suffer emotional distress after a car accident to seek compensation for that harm if they also suffered physical injuries. Proving emotional distress requires extensive documentation of medical treatment. Fortunately, an experienced car accident lawyer can help.
The attorneys at Bayuk Pratt have over 50 years of combined experience helping individuals injured in the Atlanta area. We have secured more than $300 million for our clients. As former high-stakes defense attorneys, we understand the challenges car accident victims face when pursuing damages for emotional distress after a crash. Our law firm is ready to stand up to the other driver’s insurance company and fight for maximum compensation on your behalf. Contact us today for a free consultation with an Atlanta car accident lawyer to explore your legal options.
What Are Examples of Emotional Distress from a Car Accident?
Emotional distress refers to the psychological impact of an auto accident that affects a person’s daily life. It is distinct from other types of harm for which a person might seek compensation, such as medical expenses or lost wages. It focuses on emotional suffering such as anxiety, depression, and post-traumatic stress disorder rather than physical injuries or financial loss.
Emotional distress compensation is typically one element of a broader Georgia car accident lawsuit. However, symptoms of emotional distress can vary widely and may last long after your physical injuries have healed. Some typical examples of car accident-related emotional distress include:
- Persistent anxiety or nervousness
- Depression or prolonged sadness
- Post-traumatic stress disorder (PTSD)
- Sleep disturbances or nightmares
- Fear of driving or traveling in vehicles
- Mood swings or irritability
- Difficulty concentrating
- Social withdrawal or isolation
- Flashbacks or intrusive thoughts about the accident
How Do You Prove Emotional Distress After a Georgia Car Accident?
Under Georgia law, a person generally cannot recover compensation for emotional distress after a car accident unless they also suffered a physical injury. This rule is based on the idea that physical car accident injuries provide evidence supporting an emotional distress claim and may offer insight into the severity of the psychological trauma.
Georgia law makes an exception for claims involving the intentional infliction of emotional distress. Such claims require proof that the at-fault party’s conduct was outrageous and intended to cause severe emotional harm.
Most car accident-related emotional distress claims allege that the other party’s negligence caused both a physical injury and the resulting emotional trauma. For a claim to succeed, an injured person must show that the other driver is liable for their emotional distress.
An experienced car accident lawyer will seek evidence to develop a car accident case and prove the four elements of negligence:
- The at-fault driver had a legal obligation to act reasonably to prevent harm, such as by following traffic laws and taking reasonable safety precautions
- The defendant failed to fulfill their legal obligation and violated traffic laws, such as by speeding, distracted driving, or failing to yield
- The defendant’s breach of their duty caused the auto accident and the resulting emotional distress and physical injuries
- The accident victim suffered actual losses, including both physical injuries and the emotional distress linked to them
To prove another party’s negligence, you must present substantial evidence showing both the facts of the car accident itself and the effects of the collision. Evidence in these claims typically includes a police report, eyewitness statements, medical records, mental health treatment records, and income statements that connect the defendant’s negligent conduct to the accident victim’s serious injuries.
What Are the Challenges of Proving an Emotional Distress Claim in Georgia?
Emotional distress claims present challenges due to the invisibility and subjectivity of the harm in question. A broken bone or other physical injury may be visible on an X-ray or other diagnostic scan. However, emotional trauma requires a diagnosis by a mental health professional and assessment of the severity on the injury. Even when you can provide ample documentation of your physical injuries, Georgia law still requires auto accident victims to show a link between their injuries and their emotional distress.
This link often becomes a point of dispute between injury victims and insurance companies. An insurance company may argue that a victim’s symptoms are unrelated to the car crash, are exaggerated, or result from preexisting conditions. Without significant evidence connecting emotional distress to the accident and physical injuries, insurers may deny compensation entirely.
For this reason, victims must have documentation of their physical injuries, their emotional trauma, and their treatment for both. For example, medical records from doctors, therapists, and psychiatrists can help establish the severity and duration of emotional distress symptoms. Testimony from family, friends, or coworkers can also strengthen a claim by showing changes in the victim’s behavior or emotional state. Our Atlanta car accident attorneys understand the types of evidence needed to develop persuasive car accident claims and can guide you through the legal process.
What Compensation Can You Recover in an Emotional Distress Claim?
If you meet Georgia’s personal injury law requirements to pursue an emotional distress claim, you may be entitled to seek compensation for losses directly related to your psychological harm. This compensation aims to address the accident’s impact on your mental health, daily life, and overall emotional well-being, including:
- Medical bills for mental health treatment and counseling
- Medication expenses for anxiety, depression, or related conditions
- Lost wages if emotional distress affects your ability to work
- Reduced earning capacity due to long-term impairment
- Pain and suffering related to emotional harm
- Loss of enjoyment of life
Do You Have a Deadline in Georgia for Filing an Emotional Distress Claim?
In Georgia, the time allowed for filing personal injury claims, including emotional distress claims, is two years from the date of the motor vehicle accident. However, certain circumstances may involve shorter filing deadlines, such as claims against government entities. A car accident claim depends on the supporting evidence. It requires time to investigate and prepare. Engaging an experienced Georgia auto accident attorney as soon as possible offers the best chance of developing a persuasive claim and filing it on time.
Get Help from a Georgia Car Accident Lawyer Today
When you’re facing the aftermath of a traumatic car accident in Atlanta, you deserve the support of a Georgia car accident attorney with the trial experience and track record to fight for justice and a fair settlement for you.
Let an experienced car accident attorney at Bayuk Pratt prepare your car accident lawsuit and pursue fair compensation for your emotional distress and physical injuries. Our legal team handles car accident cases on a contingency fee basis. We only charge a legal fee if we obtain a settlement or court award for you.
Contact us 24/7 to arrange a free initial consultation.
