Georgia DUI Accident Victims Understand How Emotional Damages Factor Into Gwinnett County Personal Injury Claim
When a Duluth DUI victim sustains physical injuries from an auto accident, it is fairly easy to determine what the immediate and even long-term medical damages are. Medical professionals are unfortunately too experienced with Georiga DUI victims suffering broken bones, traumatic brain injuries, and other potentially life-altering injuries.
However, after a Gwinnett County DUI accident, it is much harder to determine emotional damages. Since most personal injury claims are determined through the discretion of the jury or a judge, emotional damages must be real and have to be measured. Therefore, when making a claim for emotional damages, they must be substantiated with evidence.
In order to prevail on an emotional distress claim from a Duluth DUI accident, the at-fault party of the Georgia DUI accident must be determined and negligence must be proved. Two additional criteria will also be weighed:
- All of the circumstances of the DUI accident
- How to believe the evidence submitted is (medical bills and witness testimony)
In fact, pain and suffering damages does not only include the discomfort from the effects of the Gwinnett County DUI accident. Pain and suffering damages also includes discomfort suffered in the course of medical treatment related to the recovery from the accident. Pain and suffering is taken so seriously that one’s claim can equal one’s claim for the loss of wages. Since more severe injuries generally correlates to a greater loss of work, a claim for emotional damages is equally as serious.
There are many types of emotional damages one can claim under “pain and suffering” which include:
- Fright
- Nervousness
- Worry
- Shock
- Lack of enjoyment of Life
- Depression
- Inability to work
In order to prevail on a claim on emotional damages, one must have evidence that substantiates it. Examples of evidence to prove emotional distress include:
- Receiving counseling for the emotional distress related to the Georgia DUI accident
- Being clinically depressed that leads to a lack of enjoyment of life and an inability to work
- Having out-of-pocket expenses for medical and related expenses for emotional health treatment
- Expert medical testimony through deposition or during court proceedings
The only way to make sure your emotional damages are properly evaluated and valued is to speak with a DUI accident attorney at Shane Smith Law. Based on the circumstances of your accident, your life after the Duluth DUI accident, and what type of medical treatment you have already received will determine what emotional damages you may be suffering and/or what emotional damages you may be entitled to. The only way to get a complete picture is to speak with a DUI accident attorney through a free legal consultation by calling (980) 246-2656