In the realm of personal injury law in Georgia, emotional distress stands as a challenging yet significant component. Despite its intangible nature, seeking compensation for emotional distress is plausible. This article will explain the concept of emotional distress according to Georgia personal injury law, and how to prove it.
Emotional Distress: Definition and Connection with Physical Harm
Emotional distress is a concept recognized in the United States tort law as a type of injury that victims can be awarded damages for. Emotional distress refers to mental pain, suffering, or anguish that someone else’s negligence or intentional actions caused. It can manifest in various forms of mental suffering, including weight gain, depression, fatigue, anxiety, and insomnia, among others.
However, in Georgia, you can only get damages for emotional distress if that emotional distress results in physical harm. For example, if someone suffered a broken leg in a car crash, they can get damages for the resulting pain and suffering. However, if there is no broken leg or other physical harm linked to the emotional distress, the individual cannot claim damages. Nevertheless, Georgia, among several other states, has expanded to allow plaintiffs to sue for emotional distress even without related physical injury under certain circumstances.
Elements for Establishing Emotional Distress in Court
You would typically need evidence to prove emotional distress, establishing certain elements to demonstrate the severity and impact. Below are the elements you will need to establish emotional distress in a Georgian court:
- Personal Testimony
The first element is the victim’s firsthand account, describing their experiences and feelings, as well as the impact of the distress on their life. The individual can include details about specific actions or incidents that led to the distress, resulting in psychological and emotional impact.
- Medical Records
Medical documentation from healthcare providers can go a long way in proving the existence and extent of emotional distress. Medical records typically show a doctor’s diagnosis, treatments administered, medications prescribed, and therapy sessions, among other things. These can be highly instrumental in supporting the plaintiff’s claim of emotional distress.
- Expert Witness Testimony
The authoritative voice of mental health professionals, including psychiatrists and psychologists, carries substantial weight in affirming the veracity of emotional distress claims. Their testimony offers a professional opinion on the distress severity, causation, and long-term effects.
- Corroborative Witnesses
“Testimony from other witnesses to the emotional distress the plaintiff has suffered can be a great way to prove a claim,” says attorney Robert James. Other witnesses, such as friends and family members, must have observed the effects of the plaintiff’s emotional distress. As such, they can back your claim and make the case stronger, increasing the plaintiff’s winning chances.
Conclusion: Types of Emotional Distress You Can Sue For
There are two major categories of emotional distress that one can sue for in a civil lawsuit in Georgia. These categories are based on whether the infliction of emotional distress was negligent or intentional.
Under negligent infliction, someone suffers emotional distress due to the negligent actions of another person. For the claim to be successful, however, the plaintiff must show that the distress caused some type of physical reaction.
Under intentional infliction, the plaintiff can sue even if they did not suffer harm, provided they can prove that the defendant engaged in extreme and outrageous conduct towards the plaintiff, the defendant acted intentionally or recklessly, and the plaintiff suffered emotional distress due to the defendant’s recklessness.
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