Yes, you can sue for emotional distress in Georgia. However, the state’s impact rule mandates that you must have also suffered physical injuries in an accident. A personal injury lawyer can help you file a lawsuit to seek economic and non-economic losses.
They can accurately assess your damages and assign a monetary figure to your emotional distress. They can then file an insurance claim or personal injury lawsuit to seek awards.
What Liable Parties Warrant Compensation for Emotional Distress in Georgia?
As Georgia’s impact rule states, found at O.C.G.A. § 51-12-6, you could claim damages for emotional distress if you also suffered physical injuries in the same accident. To file a claim, you must establish that another party acted negligently and caused or contributed to your accident.
You could hold the liable party accountable for your injuries if you suffered during:
- car accident
- slip and fall accident
- motorcycle accident
- truck accident
- pedestrian accident
- dog bite
- workplace accident
- injury due to a defective product
If negligence played a role in your accident and your injuries caused or led to emotional distress, you can work with a lawyer to hold a liable party accountable.
Proving the Four Elements of Negligence for Emotional Distress in Georgia
Whether seeking economic or non-economic damages, you must present evidence demonstrating someone’s negligence and how it caused your accident and injury. Specifically, your attorney can show that:
- Someone, like another motorist, owed you a basic duty of care to keep you reasonably safe.
- They breached that duty through some action or inaction, such as failing to yield the right-of-way at a stop sign.
- Their negligence directly caused or contributed to your accident.
- The accident resulted in your injuries and losses.
A legal team can gather information, such as traffic camera footage and police reports, to build your negligence case.
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Compensation You Can Sue for After an Accident in Georgia
You may stand to recover various damages after a negligence-based accident. For example, a lawyer can go after:
- Current and future medical expenses, such as therapy, medication, and specialists
- Lost income
- Reduced earning capacity
Recoverable Emotional Distress and Non-Economic Damages in Georgia
An attorney may rely heavily on your medical records when seeking compensation for non-economic losses, such as emotional distress and pain and suffering. Georgia’s impact rule requires your records to show a connection between your physical injuries and emotional distress.
For example, your doctor’s testimony can help show how chronic widespread pain from whiplash led to depression.
From there, your emotional distress may significantly affect other areas of your life, such as your career. Still, you will have to provide evidence of this link, so make sure you do not delay or forgo medical care. You should also seek treatment for your psychological health, which a settlement or verdict can give you access to.
Suing for Wrongful Death Damages in Georgia
You can seek compensation for emotional distress in Georgia through a wrongful death lawsuit. In this case, you would be seeking awards for the pain and suffering your loved one experienced before they died from their fatal injuries.
Other damages you can seek through a wrongful death lawsuit include:
- Funeral expenses and burial or cremation costs
- The income your loved one contributed to your family
- The companionship they offered
- Their medical expenses
We understand that compensation cannot truly account for what your family has suffered. Still, you do not deserve to struggle in your loved one’s absence, and you will want to properly honor their memory. While you grieve, a wrongful death lawyer can handle your case from start to finish.
Seeking Treatment for Emotional Distress After a Georgia Accident
You deserve to prioritize your health, including your mental well-being, after an accident. When you work with a personal injury lawyer in Georgia, some of them can recommend therapists who can help you with your healing journey.
Do not wait to begin treatment, though. An insurer may try to undervalue or deny your claim, arguing that your lack of action proves you are not as distressed as you claim.
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How You Can Afford Legal Representation When Suing for Emotional Distress in Georgia
You do not have to worry about upfront fees or hourly retainers when you work with a law firm that handles cases on contingency. Contingency-based cases mean a firm takes only a percentage of your potential settlement or court award after your case. You know they will be working hard if their payment also depends on your case’s success.
Plus, you can seek compensation without incurring more financial loss. Many law firms that work on contingency also offer a free, no-obligation consultation. During the consultation, you can ask for more detailed information about their fee agreements.
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You Must Meet a Filing Deadline When Suing for Emotional Distress in Georgia
Per O.C.G.A § 9-3-33, you generally only have two years to file a personal injury lawsuit and sue for emotional distress in Georgia. This may seem like a long time, but building a case takes time. Your personal injury attorney must investigate the accident and gather evidence to prove your losses. They also need the time to negotiate with the insurer, and none of these processes stall the filing deadline.
If you miss the deadline, you risk entirely having the court dismiss your case for emotional distress damages. You could lose your last chance to seek compensation from the liable party. The sooner you get started on your emotional distress claim, the better.
Kaine Law Can Help You Sue for Emotional Distress in Georgia
You deserve to recover after a personal injury accident, physically and emotionally. This often requires receiving medical treatment, and our lawyers are ready to fight for what you deserve to access it.
Contact us today for a free consultation about your legal issue. We can explain more about how to sue for emotional damages in Georgia and talk about the related losses you could recover from a negligence claim.