More details to this question:
I’m a FDNY Paramedic. While leaving the hospital, a woman jay walked against the light, not in the crosswalk, in my blind spot and I hit her. Her only injuries were a bruised left arm and knee. She decided to sue me and the city. I went to the NYC Law Department and finally had a chance to see the police report. She ADMITS to seeing us, jay walking and not being in the crosswalk. The city attorney has filed a motion to dismiss based on this and the investigations that showed this. Since the accident, I had to go to counseling, I stopped driving for 4 months and had nightmares. It affected how I did my job and even whether I drove my own personal vehicle. And when I finally felt like I put this behind me, the lawsuit filed by her brought it all back. My question is can I sue her for emotional distress and if so, I need a lawyer.
2 ANSWERS
1 Award
Anyone can sue anyone, but you have no case. You are not going to find it was intentional on her part which is the requirement. The action is "intentional infliction of emotional distress."
Answered on Oct 01st, 2018 at 6:15 PM
Personal Injury Attorney serving New York, NY
at
Giordano Law Offices Personal Injury & Employment Attorneys
Update Your Profile
Sorry you are having this trouble. Pedestrians in NYC sometimes act llike they should be able to walk through cars and ignore realities of the road. Our Mayor acts like cars should be banned from the city, except when he wants to go to the gym. Short answer, you generally cannot sue for emotional distress when you have not suffered some type of physical injury here in NY. And, in this case, while you are driving and hit a pedestrian, NO WAY could you sue her.
Separate issue is if you have some type of emotional condition, whatever the source, that makes you unable to do your job. That, if true, is serious, and you need to consult a lawyer for that one.
Answered on Oct 01st, 2018 at 6:48 AM