Can you claim emotional distress in a Georgia premises case?
On Behalf of Newbern Law Firm | Jul 22, 2025 | Premises Liability |
When you’re injured on someone else’s property, the consequences can extend beyond physical pain. Emotional distress, such as anxiety, depression, or even post-traumatic stress disorder (PTSD), can significantly affect your life. If you’re facing these challenges after an accident, you might wonder if you can seek compensation for emotional distress in a Georgia premises liability claim. The answer is yes, but proving it can be complex.
What is emotional distress in a premises liability claim?
Emotional distress refers to the mental suffering that follows an accident, including feelings like fear, anxiety, and depression. In Georgia, emotional distress can be part of a broader personal injury claim when someone is injured due to unsafe conditions on another person’s property. If the mental toll of the injury is severe enough, it could be compensated alongside physical injuries.
Proving emotional distress in Georgia
Unlike physical injuries, emotional distress claims require substantial evidence. In Georgia, you must show that your emotional suffering directly results from the accident and is serious enough to warrant compensation. This often means providing medical records, including therapy or counseling related to the incident. If you’re dealing with PTSD, a therapist or mental health professional could testify about how the injury has impacted your emotional well-being.
It’s also helpful to show how the injury disrupts your daily life. If you’re struggling with work, relationships, or basic activities, this could support your claim that the emotional distress is real and affecting your life.
Factors that impact emotional distress claims
In Georgia, several factors influence whether you can receive compensation for emotional distress. The severity of your injury, the nature of the accident, and the evidence you provide all play a role. You need to show that your emotional distress was a direct result of the premises liability incident. The stronger your case, the better the chances of securing compensation.
In Georgia, emotional distress can be included in your premises liability claim, but it requires clear evidence that your emotional suffering, like PTSD or anxiety, is a direct result of the accident.