A Georgia automobile collision is shocking. It can cause a victim to feel frozen, seeing the event in slow motion and only being able to focus on the pain he or she is suffering. Pain and damages are likely to follow a car accident. However, this type of loss can extend beyond the physical injuries one can see with their naked eye. Car accident victims could also suffer emotionally.
What is emotional distress? This occurs when an individual experiences mental anguish following a traumatic event, such as a car crash. This type of damage is part of pain and suffering damages and occurs when the actions of another person caused the victim to suffer mental harm. This can come in a variety of forms, including anguish, humiliation, anxiety, insomnia and depression.
Three factors must be proven when seeking emotional distress. First, a victim must show that the distress is more than fleeting. Second, it must be proven that the defendant’s conduct caused the distress. Finally, it must be shown that the distress is medically significant.
There are various ways to prove emotional distress. This includes evaluating various factors, such as the intensity of the distress, the duration of the pain, related bodily harm, underlying cause of pain or a doctor’s note on one’s psychological symptoms.
Living with emotional distress following a car crash can be impactful, causing one to endure much pain and suffering. The aftermath of a crash means a wide variety of things to victims. If a car accident victim has been harmed by the negligence of another party, it is possible to take steps to hold that party accountable. A personal injury action could help prove liability while also assist with the recovery of compensation for losses and damages suffered.