Category: Georgia Law

Personal injuries can cause immense physical pain, financial stress, and can interfere with daily life. They can also be devastating emotionally. The law recognizes all of these different types of harms and permits victims to recover damages based on each of them. When a victim has suffered mental and emotional harm as a result of a negligent act, they are able to bring a claim of negligent infliction of emotional distress against the party responsible to recover pain and suffering damages. 

Negligent Infliction of Emotional Distress (NIED) Claims and the “Impact Rule” 

When a plaintiff can sue for NIED varies from state to state, but all states limit the situations in which a plaintiff can recover for emotional harm. Some states follow the “foreseeability rule,” which holds that a defendant must have reasonably foreseen that their conduct would cause emotional distress to the plaintiff. Other states utilize a “zone of danger rule,” which limits NIED claims to those plaintiffs that were within immediate risk of physical harm. 

Georgia does not follow the foreseeability or zone of danger rules but instead follows the classic common law called “impact rule.” According to this rule, it doesn’t matter if the emotional distress was foreseeable or if the victim was within a zone of physical danger. Under the impact rule, the emotional distress must stem from a physical injury caused by the defendant. The upshot of the impact rule is that plaintiffs cannot bring a claim for NIED that stands apart from a physical injury, and NIED claims are therefore merged into the general compensatory damages sought by a plaintiff in a case. However, if a defendant’s conduct was “outrageous,” an intentional infliction of emotional distress claim can be brought as an independent claim. 

Common Types of Emotional Distress in Personal Injury Cases 

If a plaintiff can prove that the emotional harm they suffered is tied to a physical injury, they can recover damages for that harm. Common types of emotional distress suffered in personal injury cases include: 

• Depression 
• Anxiety 
• Humiliation 

• Trouble Sleeping 
• Post-Traumatic Stress Disorder 

If you have been the victim of a personal injury caused by someone else’s wrongful conduct and suffered any of these harms as a result, you are entitled to compensation for your emotional distress. In Georgia, there is no cap on the amount of damages that can be awarded for emotional distress. 

For More Information, Contact Williams Elleby Howard & Easter 

When victims are harmed by the wrongful conduct of others, they deserve compensation for what they have suffered. The experienced personal injury attorneys at Williams Elleby Howard & Easter, are dedicated to getting justice for accident victims in the state of Georgia. If you have been injured in an accident, they can help you understand your case, take the correct legal steps, and ultimately work to maximize your compensation. 

If you would like more information or if you would like to discuss your case, contact Williams Elleby Howard & Easter, today by calling 833-LEGALGA to schedule a free case evaluation.

The most important evidence in most personal injury cases are the medical records of the plaintiff. For a plaintiff to prove that their harm was caused by the defendant’s actions, they must provide proof in the form of medical records showing the cause of the injuries complained of. Medical records are also needed to prove almost every aspect of damages. Past and future medical bills can only be verified with documentation from healthcare providers that show the costs of needed treatment. If a personal injury impacts a plaintiff’s ability to work, medical records are crucial to proving why this is by showing the extent of an injury. Medical records can also be used as evidence to show the extent of pain and suffering that a plaintiff endured as a result of an injury. Because medical records are so important to a case, plaintiffs should ensure that their attorneys have access to them as soon as possible. Defendants are also entitled to access the medical records of a plaintiff. 

Privacy Concerns 

Medical records are highly sensitive, so there are strict privacy laws that must be adhered to when healthcare providers can provide these records. The primary law governing the release of medical records is the federal Health Insurance Portability and Accountability Act (HIPAA). Under HIPAA, healthcare providers must keep medical records confidential unless the patient authorizes it or there is an emergency. There are also several Georgia laws regulating medical records that must be adhered to. 

Because of these laws, a lawyer cannot simply request the records from the provider, nor can a plaintiff simply call the provider up on the phone and ask them to send the records over to a third party. The process for releasing medical records involves signing an authorization for release and submitting it to the provider so that they have the request in writing. This is usually sufficient when records are held in Georgia, but in some cases even this is not enough, and a lawyer must have a court issue a subpoena to the healthcare provider, which orders them to provide the records. 

Authorizations for Release of Medical Records 

An authorization for the release of medical records will give your attorney the ability to request medical records from your healthcare providers. In most cases, a similar authorization is provided to the defendant in a case. It is important to note that these records can only be used as part of your personal injury lawsuit. If sensitive medical records are released that a plaintiff would not like to be public information, it is possible to file those records into the court record under seal. This means that the records will be used as evidence in the case but will only be viewable by the parties, the attorneys, and the court. 

For More Information, Contact Williams Elleby Howard & Easter 

If you have been injured in an accident, it is important to fully understand your legal rights and options. Personal injury lawyers should make sure all medical records and bills are gathered and organized for every client’s injuries in order to maximize compensation. This includes carefully documenting medical care and properly authorizing your attorney to access all records. Williams Elleby Howard & Easter, is dedicated to helping personal injury victims throughout the state of Georgia. To discuss your case, contact Williams Elleby Howard & Easter to schedule a free consultation by calling 833-LEGALGA today.

To win a negligence lawsuit, a plaintiff must prove each of the elements of a negligence claim. These are 1) that the defendant owed them a duty; 2) that the defendant breached their duty by failing to uphold a reasonable standard of care; 3) that the injury complained of was caused by the defendant’s conduct; and 4) that the plaintiff suffered some actual harm as a result of the injury. Generally, a plaintiff has the burden of producing evidence to prove each of these elements. This means that a plaintiff must produce evidence showing that the defendant’s conduct breached a standard of care and that the breach caused Plaintiff’s injuries. 

However, in cases where the circumstances indicate almost certainly that an injury was caused by negligence, a court may presume that the defendant breached a duty even without the plaintiff presenting evidence of breach. This is called the doctrine of res ipsa loquitur, which means “the thing speaks for itself.” Res ipsa loquitur is recognized under Georgia law and can be useful to plaintiffs in certain limited circumstances. 

Application of Res Ipsa Loquitur in Georgia 

Georgia courts have long accepted the doctrine of res ipsa loquitur. When a court decides to apply res ipsa loquitur, it creates a rebuttable presumption that the defendant was negligent and the burden shifts to the defendant to prove that they did not breach their duty of care. Under Georgia law, res ipsa loquitur can be applied when: 

1. the plaintiff’s injury is of a kind which ordinarily does not occur in the absence of negligence; 
2. the injury was caused by an agency or instrumentality within the exclusive control of the defendant; and 
3. the injury must not have been due to any voluntary action or contribution on the part of the plaintiff. 

Although Georgia law has accepted the doctrine of res ipsa loquitur, it is rarely applied. The Georgia Supreme Court held that res ipsa loquitur “should be applied with caution and only in extreme cases.” Res ipsa loquitur is thus an extraordinary remedy for plaintiffs who were almost certainly injured by negligence, but due to a lack of evidence, are unable to prove exactly what the defendant did or exactly what happened. 

An example of res ipsa loquitur being applied is the case Atlanta Coca-Cola Bottling v. Engle.. In this case, the plaintiff was injured by a piece of broken glass that came from inside of a Coca-Cola soft drink bottle. Because the evidence showed that the broken glass was inside of the bottle before the plaintiff opened it and that the condition of the bottle had not changed since it left the manufacturer’s control, the court determined that the element of breach could be presumed without any evidence being presented. 

Not Applicable in Medical Malpractice Suits 

Unlike in most other states, Georgia courts have expressly ruled that the doctrine of res ipsa loquitur does not apply in medical malpractice suits. This is because Georgia law presumes that medical services at issue in a case were performed with due care. In a Georgia medical malpractice case, a plaintiff must always produce evidence showing that the defendant was in breach, even if the injury seems to have been obviously caused by negligence. 

For More Information, Contact Williams Elleby Howard & Easter 

The experienced personal injury attorneys at Williams Elleby Howard & Easter, have deep knowledge of Georgia tort law. Williams Elleby Howard & Easter, is dedicated to getting accident victims the compensation they deserve. If you would like more information or would like to discuss your case, contact Williams Elleby Howard & Easter, today by calling 833-LEGALGA.