Blog-Images-Robin-Frazer-Clark--300x169When you’re hurt because someone else was negligent, it’s not just about the physical injuries. Personal injury law accounts for the mental toll—what we call emotional distress or mental anguish—is just as real. Whether someone did something wrong on purpose or just wasn’t paying attention, if it left you dealing with psychological pain, that matters.

Although your anguish is quite real, proving it in court is another story. You need solid proof of how deep the hurt goes and how it’s impacted your life. It’s not just about saying you’re stressed or upset; it’s about showing the real impact of what you’ve been through.

Types of Emotional Distress Claims

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By now we have all heard of the Alabama Supreme Court decision holding that frozen embryos are “unborn children” under Alabama State Law. This was the holding in LePage v. Center for Reproductive Medicine, issued on February 16, 2024. Although much hay was made out of a concurring opinion that quoted the Bible extensively, the primary opinion was based squarely on Alabama State Law only, specifically the Alabama Wrongful Death of a Minor Act. You can read the full, actual opinion here. 

In LePage, three couples had their frozen embryos destroyed in an incident at a fertility clinic. The plaintiffs in the Alabama case had undergone IVF treatments that led to the creation of several embryos, some of which were implanted and resulted in healthy births. The couples paid to keep other embryos frozen in a storage facility at the Mobile Infirmary Medical Center. A patient in 2020 wandered into the area and removed several embryos, dropping them on the floor and “killing them.”

The justices ruled that wrongful death lawsuits by the couples could proceed. Justices, citing anti-abortion language in the Alabama Constitution, ruled that an 1872 state law allowing parents to sue over the death of a minor child “applies to all unborn children, regardless of their location.””Nothing about the [Wrongful Death] Act narrows that definition to unborn children who are physically “in utero.”

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In a Georgia courtroom, the path to justice in a personal injury case unfolds through a series of critical stages, each carrying profound implications for the case’s outcome. From the meticulous selection of an unbiased jury to the final delivery of the verdict, every step in a jury trial is pivotal. The key to facing this challenge is understanding what happens in a courtroom during a jury trial.

Jury Trial Process

The jury trial process in Georgia follows a structured series of steps, each critical to the case’s outcome. It starts with jury selection, known as “voir dire.” Here, attorneys from both sides question potential jurors to assess their suitability for the case. The objective is to form an unbiased jury, crucial for a fair trial. This selection process can vary in length, depending on the number of jurors required and the case’s intricacies.

Robert Benham and his 1984 appointment with Georgia history
On Thursday, Feb. 8, Georgia Tech’s Ivan Allen Jr. Prize for Social Courage will be presented to Retired Justice Robert Benham.  There is not a more worthy recipient. I have admired Justice Benham for my entire legal career, spanning 35 years now. I highly recommend you listen to an interview of Justice Benham by University of Georgia Professor Paul Kurtz on Youtube. It is fascinating.

Back in 2013, when I was President of the State Bar of Georgia, I had the distinct honor of giving remarks at the 14th Annual Justice Robert Benham Awards for Community Service.  That’s right. The State Bar of Georgia Community Service Awards are aptly named in honor of Justice Benham. In light of Georgia Tech’s wonderful announcement that he will be receiving its Ivan Allen Jr. Prize for Social Courage, I wanted to share again my remarks from that special day in 2013.

 Remarks of President Robin Frazer Clark at the 2013 Justice Robert Benham Community Service Awards                                                                                         

Blog-Images-Robin-Frazer-Clark--300x169The perception of bullying has evolved significantly over the years. Once considered a normal part of growing up, it is now recognized as a potential cause of severe and lasting trauma. In the realm of personal injury law, particularly in Georgia, bullying is not just a schoolyard issue but can be a legal matter, especially when it results in intentional infliction of emotional distress (IIED) or even physical harm.

Understanding IIED in the Context of Bullying

Bullying can sometimes be a basis for an IIED claim under personal injury law. To establish an IIED claim, the victim must demonstrate that the bully’s conduct was intentional or recklessly indifferent, extreme and outrageous, and caused severe emotional distress, often evidenced by physical or psychological symptoms. This legal perspective acknowledges the profound impact bullying can have on an individual’s mental health and overall well-being.

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As many of you know, since 2012 when I became President of the State Bar of Georgia and after a dear friend of mine, who was a Past President of the State Bar, killed himself, I made suicide prevention for Georgia Lawyers one of my causes to which I devoted my time and resources to promote. We began with “How to Save a Life,” a suicide prevention program for the Georgia State Bar, which, almost immediately, began saving lives. We reduced the stigma associated with seeking help for mental health matters, especially for lawyers. We increased the number of free mental health visits each Georgia Lawyer receives to six and with the “Use Your Six” campaign.   The State Bar created the “Lawyers Living Well” program, thanks largely to the leadership of Lynn Garson, the Chairperson of the Lawyers Assistance Program. Lynn began her “Lawyers Living Well” podcast, through which she and many other wonderful Georgia Lawyers share their stories, including me.  I hope you will listen. The Georgia State Bar’s Suicide Prevention Program continues under the extremely capable leadership of Judge Shondeana Morris, and many of us participated in the “Out of the Darkness” walk in Piedmont Park to raise money for the American Foundation for Suicide Prevention (AFSP). I am so proud of the work the State Bar of Georgia has done, and continues to do, to reduce the suicide of Georgia Lawyers and their family members.

As part of this large effort, we have learned a lot. One thing we learned is the concept of “means restriction,” which is to eliminate the means by which someone could kill themselves when you know or suspect that person to be suicidal. This includes guns, drugs, ropes, alcohol, etc. It is important to remove any means of suicide from the surroundings of someone you believe is suicidal. Research has shown that if the means to kill oneself are eliminated and you prevent even that momentary thought of suicide, that person is not likely to resort to suicide again once the idea of it is gone and the means to do it were eliminated. As published in the medical journal Lancet, “[l]imitation of access to lethal methods used for suicide—so-called means restriction—is an important population strategy for suicide prevention. Many empirical studies have shown that such means restriction is effective. Although some individuals might seek other methods, many do not; when they do, the means chosen are less lethal and are associated with fewer deaths than when more dangerous ones are available.”

So I was thrilled to read that the long-awaited means restriction of nets under the Golden Gate Bridge have finally been installed.   The effort was sparked over 20 years ago when a young man, Kevin Hines, jumped off the bridge to kill himself, but he survived. He said the second he jumped he regretted it. He said: “Had the net been there, I would have been stopped by the police and gotten the help I needed immediately and never broken my back, never shattered three vertebrae, and never been on this path I was on,” said Hines, now a suicide prevention advocate. “I’m so grateful that a small group of like-minded people never gave up on something so important.” There are other examples of means restrictions, right here in Atlanta. You may recall that I wrote about a project my son, Chastain B. Clark, collaborated on, designed, created and installed at the Georgia Tech Library called “Crosland Chroma,” which is a series of beautiful screens that allow a scenic view of the city but prevent anyone from being able to jump off the library. This photos shows the beautiful means restriction on top of the Tech Library.

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In Georgia, pedestrian accidents can lead to serious injuries, often requiring legal action to recover damages. Personal Injury Protection (PIP) plays a vital role in this process, providing necessary coverage for those injured in such incidents. Understanding the intricacies of PIP and how it applies to pedestrian injuries is crucial for anyone involved in a pedestrian accident in Georgia.

Personal Injury Claims for Pedestrians

Victims of pedestrian accidents may be entitled to compensation through a personal injury claim, which requires proving four key elements. First, the defendant or negligent party had a duty of care to act in a manner that prevents harm, such as adhering to traffic laws. Second, there must be a breach of this duty, for instance, through distracted driving or ignoring pedestrian right-of-way. Third, causation needs to be established, linking the defendant’s actions directly to the injuries sustained. Lastly, the claim must demonstrate actual damages, encompassing physical injuries and the financial, emotional, and psychological impacts on the victim. Successfully proving these elements allows victims to secure rightful compensation and hold the responsible party accountable.

Drive Safer Sunday is November 26

this year nearly 30 million passengers will travel in their cars for the thanksgiving holiday

Senator Warnock (D-GA) and Senator Capito (R-WV) introduced and passed a bipartisan resolution to designate the Sunday after Thanksgiving as DRIVE SAFER SUNDAY.  The Sunday after Thanksgiving is one of the busiest travel days of the year, and it’s also one of the deadliest.  We are thankful that Senator Warnock and Senator Capito introduced this resolution to help raise awareness about the importance of safe driving, especially during the holiday season.

In Georgia, there were 18 traffic crash deaths during the 2022 Thanksgiving holiday period. In addition to fatal crashes, there were nearly 600 traffic crashes statewide during this period, resulting in almost 300 injuries. From 2017 to 2021, 82 Georgians were killed in traffic crashes during the Thanksgiving holiday period and there was a total of 16,171 traffic crashes reported that resulted in 5,727 injuries.

“Since the Sunday after Thanksgiving is one of the most congested road traffic days of the year and the day our son, Cullum, was killed while driving back to college, we hope that Drive Safer Sunday will encourage extra focus on safe driving that day,” said Steve and Susan Owings, Co-Founders of Road Safe America and Institute for Safer Trucking board members. “We also hope that this safety focus will be carried on during the holiday season and all year around.”

This Bi-Partisan Resolution encourages:

1.       K-12 schools, colleges, teachers, and administrators to launch campus-wide educational campaigns to urge students to focus on safe driving;

2.       Trucking firms to alert employees to focus on safe driving the Sunday after Thanksgiving and publicize its importance on the Citizens Band Radio Service and at truck stops;

3.       Clergy to remind congregations to travel safely when attending services;

4.       Law enforcement to remind drivers and passengers to drive safely;

5.       Americans wear seat belts and educate themselves about highway safety.

First introduced in 2005, this resolution has historically been a bipartisan effort led by one of Georgia’s U.S. Senators. The effort was started by Steve and Susan Owings, board members of the Institute for Safer Trucking from Atlanta, whose son Cullum was tragically killed in a truck crash after returning to college from their family Thanksgiving in 2002. Since Cullum’s passing, Steve and Susan Owings have advocated for safer trucking and have worked with Georgia’s Congressional delegation to introduce this resolution. As a member of the U.S. Senate committee overseeing the nation’s transportation policy, transportation safety will always be a priority for Senator Warnock.

I am wishing each of you a Happy and Safe Thanksgiving.

 

Robin Frazer Clark is a trial lawyer who pursues justice for those who have personal injury claims as a result of being injured in motor vehicle wrecks, trucking wrecks, defective products, defective maintenance of roads, premises safety, medical malpractice and other incidents caused by the negligence of others.  Ms. Clark is the 50th President of the State Bar of Georgia, a Past President of Georgia Trial Lawyers Association, a Past President of the Lawyers Club of Atlanta and has practiced law in Georgia for 35 years. She is a member of the International Society of Barristers and of the American Board of Trial Advocates. She is a Fellow of the American College of Trial Lawyers. Mrs. Clark is listed as one of the Top 50 Women Trial Lawyers in Georgia and the Top 25 National Women Trial Lawyers and is a Georgia Super Lawyer. Ms. Clark is the co-host of the podcast “See You In Court,” sponsored by the Georgia Civil Justice Foundation.  Ms. Clark has tried over 75 jury trials and argued in Georgia Appellate Courts over 45 times.

Robin Frazer Clark ~ Dedicated to the Constitution’s Promise of Justice for All.

 

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A large part of my law practice is representing people who have been seriously injured in traffic or road collisions. This  includes not only drivers and passengers of vehicles, but also many pedestrians. The photographs above are just a small example of the carnage that occurs on Georgia roads every day. I am currently representing the family members of two separate families who have lost loved ones when they were killed as pedestrians on Donald Lee Hollowell Parkway in Atlanta.

Sunday marks the World Day of Remembrance for Road Traffic Victims.  It is a high-profile global event to remember the many millions who have been killed and seriously injured on the world’s roads and to acknowledge the suffering of all affected victims, families and communities – millions added each year to countless millions already suffering: a truly tremendous cumulative toll. This Day has also become an important tool for governments and all those whose work involves crash prevention or response to the aftermath of crashes, since it offers the opportunity to demonstrate the enormous scale and impact of road deaths and injuries, call for an end to the often trivial and inappropriate response to road death and injury and advocate for urgent concerted action to stop the carnage.

“As every year, the objectives of WDoR 2023 are to provide a platform for road traffic victims and their families to:

Blog-Images-Robin-Frazer-Clark--1024x576As consumers we interact with countless products daily, from the moment we wake up until we go to bed. Most of the time, these products work as intended, making our lives more convenient and enjoyable. However, sometimes, things can go terribly wrong, leading to serious injuries or even death. That’s when defective product claims come into play, and it’s an area of law that’s more complex and ever-evolving than you might think.

What is Considered a “Defect”

Product defects can take various forms. Most often, these defects are found in design, manufacturing, or marketing. In Georgia, as in many other states, a product is considered defective if it poses an unreasonable danger to its users, and this defect directly causes harm. It’s a simple and yet incredibly important concept because it directly impacts our safety.

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