QUESTION
Can I sue a drunk driver for causing me and my children mental anguish?
Asked on Nov 21st, 2011 on Personal Injury - Iowa
More details to this question:
My two minor children were involved in a car accident caused by a drunk driver. Their stepmother was driving, and they had only minor injuries. Am I able to sue the drunk driver for my own mental anguish, or on their behalf for their mental anguish?
13 ANSWERS
Assault Attorney serving Richardson, TX
2 Awards
The answer depends on what mental treatment is required and the doctors assessment.
Answered on Jul 03rd, 2013 at 12:34 AM
Steven D. Dunnings
No.
Answered on May 31st, 2013 at 1:03 AM
I think you would have a hard time suing for mental anquish. You would need to show actual damages documented by a mental health expert. Your children and the stepmother probably have a personal injury clam if they were injured. Emotional effects can generally be included as part of the personal injury claim for them but not for yourself.
Answered on Nov 23rd, 2011 at 4:06 PM
Personal Injury Attorney serving Palm Springs, CA
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Gilbert & Bourke
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No, you must be present and witness the accident in order to make a claim for your own mental anguish. You could make a claim on their behalf for personal injuries they suffered including damages for their mental anguish.
Answered on Nov 23rd, 2011 at 3:47 PM
4 Awards
Yes, you may sue on your children's behalf for their mental anguish, in addition to the physical injuries, even if slight. Louisiana law also provides for punitive damages against drunk drivers.
Answered on Nov 23rd, 2011 at 3:47 PM
3 Awards
Not worth it and very likely not recoverable.
Answered on Nov 23rd, 2011 at 2:46 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Mental anguish is real, not just an opportunity to collect on a claim. If you have anguish , see a psychiatrist and then prove your case of anguish with his help. You will get nowhere just claiming it.
Answered on Nov 23rd, 2011 at 2:46 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Your minor children can sue for mental anguish, if they meet the threshold requirement for bringing such a claim, which includes significant and permanent scarring, a permanent injury within a reasonable degree of medical probability or a permanent impairment of an important bodily function. If you were not involved in the accident, you can't bring a claim for mental anguish.
Answered on Nov 23rd, 2011 at 2:44 PM
Mental anguish has to be proved with medfical documentation and testimony. Consult with a plaintiff's personal injury lawyer for specific and sound legal advice and direction.
Answered on Nov 23rd, 2011 at 2:42 PM
In order to make a claim in Massachusetts for your minor children, they must have over $2000 in medical bills. Otherwise, there is no claim. It doesn't matter how traumatizing the incident was. This is a requirement under MA law. As for you, the law does not allow you to make a claim for your anguish as you were not part of the accident. In rare circumstances, bystanders of accidents can make claims if they are in the "zone of danger," that is, you are at the scene of an accident and see a horrific site. An example would be seeing your relative get run over by a car. Otherwise, no claim can be made.
Answered on Nov 23rd, 2011 at 2:37 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You can only recover financially from an injury if you have what is considered a "serious injury" as that term is defined by law. This includes death, miscarriage, fractures, a total disability that lasts 90 days or a permanent partial disability. The injury must be confirmed by objective medical proof such as an x-ray, MRI, CT scan or nerve conduction study. Once the "serious injury" threshold has been reached, mental anguish can become part of the measure of damages, but standing alone does not constitute an injury.
Answered on Nov 23rd, 2011 at 2:35 PM
Personal Injury (Plaintiff) Law Attorney serving Wheaton, MD
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The Law Offices of Paul A. Samakow, P.C.
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You can always file a lawsuit; doing so doesn't mean you'll win. In Virginia, mental anguish as a basis for a claim is only allowed if there is an accompanying physical injury. Thus, you cannot make a claim for your anguish over your daughters. Your daughters' minor injuries, as you describe, then, probably would not support a claim for their mental anguish. Typically, in auto accidents, claims consist of compensation for physical injuries, the pain and suffering accompanying those injuries, reimbursement for medical bills, and in the case of individuals who are working, lost income if the accident causes them to miss time from work. In drunk driving cases, if the drunk's blood alcohol level (BAC) is .15 or more, and you can prove the drunk knew or should have known he/she was going to drive after drinking, then you are eligible for punitive damages in addition to the compensation damages I described. To answer your question, given the minor injuries, it does not seem there will be significant money for your daughters. Make the claim to the drunk's insurer, by all means. Just appreciate that the law isn't going to support significant money damages.
Answered on Nov 23rd, 2011 at 2:35 PM
You can but I doubt a jury would give you much for emotional distress. That alone isn't worth much. A jury wants to see physical injury.
Answered on Nov 23rd, 2011 at 2:34 PM