Emotional Distress Lawsuit in Georgia

Emotional distress is the severe stress or emotional upset that a person suffers in response to a traumatic experience. Under Georgia law, pain and suffering are sometimes included in a personal injury lawsuit.

Emotional distress can be caused by the negligence of another person or by the intentional conduct of another. If the negligent action of another person directly causes a person’s emotional distress, the victim would claim negligent infliction of emotional distress. If another person’s intentional actions cause a victim’s emotional distress, the victim would claim intentional infliction of emotional distress.

Georgia is one of the few states that does not allow a person to seek compensation for the infliction of emotional distress if they did not also suffer a physical injury. This is known as the “Impact Rule” in Georgia. Under Georgia personal injury laws, a victim cannot recover damages for emotional distress unless the following circumstances are present:

• The victim experienced a physical impact in the incident.
• The physical impact caused a physical injury to the victim.
• The physical injury also caused the victim to suffer mental or emotional distress.

The impact rule comes into play when a person seeks to recover compensation by suing for emotional distress after they have seen a family member or loved one severely injured or killed in an accident. For example, a parent may witness their child get struck by a car in a car accident. Or a wife may see her husband suffer a catastrophic injury in an accident of some type.

Georgia courts certainly recognize that a person has suffered real emotional anguish. However, the law in Georgia does not allow the person to recover damages for emotional distress unless the person also suffered their own physical injury in the same incident.

What Is the Zone of Danger?

The zone of danger rule is a legal concept that has been made law in some states. It limits the liability of a person who is alleged to have inflicted emotional distress on another person through their negligence. The victim is limited to recovering damages only if the following circumstances are present:

• At risk of physical harm: The victim was, in fact, placed at risk of suffering immediate physical harm by the other person’s negligence and
• Fright: The risk of immediate harm, in fact, frightened the victim.

So, a person may not claim negligent infliction of emotional distress for the sole reason that they were in fear of suffering physical harm. They had to be at risk of suffering physical harm in fact. This rule applies in some states in which a person might sue for emotional distress even if they did not suffer a physical injury.

The rule would not apply in Georgia because, in Georgia, a person must suffer actual physical injury in order to be able to claim damages for emotional distress.

What Types of Emotional Distress Claims Are Available?

As noted above, there are 2 types of claims for emotional distress. Negligent infliction of emotional distress is one, and the other is intentional infliction of emotional distress. If you have questions about your case, a local attorney in Georgia can assist you in filing.

How Much Can I Recover for My Emotional Distress Claim?

In Georgia, a person may stand to recover compensatory damages after suffering injury in an accident caused by another person’s negligence. For example, a person’s economic losses caused by the following may be compensated:

• Current and future medical expenses, such as doctor’s visits, medications, surgery, and therapy
• Lost income
• Reduced earning capacity if injury has a permanent effect on a victim
• Disability.

A person may also recover an amount for any pain and suffering that they experience in connection with their physical injuries.

It can be challenging to put a dollar value on a claim for emotional distress. Compensation for the costs of treatment could be part of a claim for emotional distress. Such items as bills for medical care for the treatment of symptoms of emotional distress and lost wages if a person missed work could be part of such a claim.

Some of the things that may have an impact on the value of a claim for emotional distress in a lawsuit include the following:

• Severity of the Distress: The severity of the distress has a big impact in calculating the value of a claim. Severity would be shown, for example, if a person’s distress is so severe that they can no longer work or live as they did before they were injured.
• Duration of the Distress: The length of time for which a person or their loved one has suffered emotional stress is another important factor for the success of a lawsuit. Emotional distress that lasts for a longer period of time and requires continuing care is more likely to result in more compensation.
• Adverse Effect on the Victim’s Life: Emotional anguish resulting in the loss of a person’s career, diminished enjoyment of life, or negative impact on their relationships should be considered when assessing the value of a person’s claim.
• Nature of the Accident: The facts of the incident that causes the distress would play a role in calculating the award that a person deserves for the emotional distress a person experiences. For example, the harm caused by a car accident that was not severe in its impact may be viewed differently than the distress caused by a negligent medical professional.

When Can I Bring My Emotional Distress Claim?

A victim generally has 2 years to file a personal injury lawsuit and sue for emotional distress in Georgia. It is best not to wait until the deadline approaches. Rather, a person should consult a Georgia lawyer as soon as they have suffered injury.

How Do I Prove Emotional Distress in Court?

Personal injury law in Georgia would provide a victim compensation for the most common types of emotional distress conditions including such conditions, as anxiety disorder, depression, humiliation, insomnia, borderline personality disorder, substance abuse, and post-traumatic stress disorder.

The total amount of money a person receives for emotional distress depends on the unique facts of the incident at issue in the case. If a case goes to trial, the jury decides on the amount of damages that should be awarded for pain and suffering or emotional distress. Georgia law does not impose any cap or limit on the amount a jury may award.

A person’s medical records may help in proving a person’s distress. Given the Impact Rule in Georgia, noted above, a person would want to produce their medical records to show the connection between their physical injuries and their emotional distress. A person may want to get testimony from the doctors who have treated them.

A person may also want to show the connection between their distress and other aspects of their life, such as their work life. A person would want to get treatment for their psychological condition, for which an award of damages or a settlement might compensate them.

Do I Need a Lawyer to Sue for Emotional Distress?

Successfully handling a claim for emotional distress can be challenging. LegalMatch.com can connect you to an experienced Georgia personal injury lawyer who can analyze the facts of your situation. Your lawyer would be able to advise you as to whether you can claim negligent or intentional infliction of emotional distress.