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If you or a loved one are injured in an accident caused by the reckless or negligent actions of another driver, there are several types of compensation available for any injuries or other losses. In Georgia, you will often see that the accident victim was awarded emotional distress damages because of their injuries.
Emotional distress is the severe stress or anxiety a person suffers as a response to a traumatic experience. Under Georgia law, it usually falls under the category of pain and suffering. Emotional distress can be caused by the negligent or intentional actions of another person. Negligent infliction of emotional distress is when one person causes another to experience severe emotional distress due to their negligent actions. Some examples of negligence in a car accident would be texting while driving, driving while drunk, or speeding.
This behavior, the horrific lie about the family member, would be intentional and reckless conduct. It is important to note, that not all extreme or outrageous behavior rises to the level of intentional infliction of emotional distress. Georgia is one of the few states in the US that does not allow someone to seek emotional distress compensation if they did not also suffer a physical injury.
This is called the Impact Rule. Under Georgia law, a plaintiff cannot recover damages for emotional distress unless:. When does the Impact Rule apply? Typically, this rule comes up in situations where a person is trying to recover emotional distress compensation after seeing a family member or loved one severely injured or killed in an accident.
A parent watched their child die in a vehicle collision. A spouse sees their husband or wife suffer a catastrophic injury in an accident. While Georgia courts will acknowledge that a person has suffered because of their loss, the court will not allow for emotional distress compensation unless that person was also physically injured in that same incident. The Impact Rule can seem illogical; it can leave people who witnessed a horrific situation without a means of recovering compensation.