QUESTION
Can I sue him for something other than medical bills and my car like emotional distress?
Asked on Apr 02nd, 2013 on Personal Injury - Georgia
More details to this question:
I was in a car accident. While driving south on a two lane road after work, I was hit by a drunk driver going around 70-80 mph. I was going around 35. It totalled both our cars. I wasn't injured. I went to the ER & had X-rays but they say I'm fine but VERY sore. He was drunk and deserves to pay for it.
15 ANSWERS
Brain Injury Attorney serving Baton Rouge, LA
at
The Lucky Law Firm, PLC
Update Your Profile
If the other driver was drunk and is found guilty of drunk driving, then in Louisiana you can also pursue him for punitive damages. These are damages that are aimed at punishing the other driver rather than compensating the victim for medical bills and pain and suffering.
Answered on Apr 05th, 2013 at 6:26 PM
James Eugene Hasser
Yes, you can sue for the pain and suffering of your sore body parts and for punitive, or punishment damages. Hopefully, he has insurance. If not, you may be able to make a claim on your own under your uninsured motorist provision.
Answered on Apr 04th, 2013 at 3:01 AM
Ronald A. Steinberg
Your case is worth whatever you can prove to a jury. If you were not badly hurt now, that does not mean that you won't have some problems down the road. Get a good medical work up. Talk to a good lawyer.
Answered on Apr 03rd, 2013 at 1:56 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
Emotional distress must be established by proper medical testimony not just a wish for some money.
Answered on Apr 03rd, 2013 at 1:55 PM
NA richard@jandjlaw.com
Well, it sounds like you were injured. You don't have to sue, at least right away. The insurer for the drunk should be willing to try to settle with you. But, I would wait at least six months from the injury date, even though, you may be feeling fine fairly soon, just to make sure you are going to be okay.
Answered on Apr 03rd, 2013 at 1:55 PM
Personal Injury Attorney serving Portland, OR
at
Kaplan Law, LLC
Update Your Profile
Yes you can, but if you have not really treated for this injury by seeing a psychiatric professional you probably will not recover.
Answered on Apr 03rd, 2013 at 1:55 PM
Auto Attorney serving Bloomfield Hills, MI
at
Gregory M. Janks, P.C.
Update Your Profile
In Michigan you must have so-called "threshold" injuries in order to sue the owner/driver of a negligently operated vehicle for damages. You do not need threshold injuries to sue under the Dramshop Act if a liquor establishment continued to serve the intoxicated person after they were visibly intoxicated. However, you do need damages to be entitled to compensation, and the less the damage, the less the value of the case (and the less the value, the less likely an attorney can reasonably take your case).
Answered on Apr 03rd, 2013 at 1:54 PM
You can sue him for pain and suffering, both physical and emotional, but you need to prove your damages. For emotional distress, you should see a doctor to prove your distress. Otherwise, the defendant's lawyer will argue that you did not suffer enough distress to see a doctor.
Answered on Apr 03rd, 2013 at 1:54 PM
In Utah, unless you have more than $3,000 in medical expenses, you aren't allowed to bring a claim. If you don't have any injuries you can't bring an action for personal injury.
Answered on Apr 03rd, 2013 at 1:53 PM
Insurance Defense Litigation Attorney serving Auburn, CA
at
Graves Law Offices
Update Your Profile
Yes, you were injured b/c you say you were "very sore" and that in and of itself, coupled with a trip to the ER w/ x-rays is compensable. In addition, based on the adverse driver being drunk you are entitled to punitive damages, the purpose of which is deter and punish conduct that is not acceptable. Given the nature of your injuries, depending on whether you still have residuals or not, but if not you are entitled to recover your medical bills and any lost wages (special damages) and general damages (pain, suffering and inconvenience) as well as punitive damages. Now, assuming the at fault party had insurance, which the traffic collision report should indicate that you can recover the first two from them and many times they will pay some premium on the first two to protect their insured from a trial where he would be exposed to the risk of punitive damages, which insurance does not cover. If he did not have insurance, you then must pursue your uninsured motorist coverage on your own policy.
Answered on Apr 03rd, 2013 at 1:53 PM
Christian Joseph Menard
Damages for emotional distress are recoverable as against the responsible driver. There may also be some grounds for going after punitive damages due to the drinking aspect of the accident. In order to prove your damages for emotional distress you should seek the consult of a psychologist or psychiatrist to document the level of distress this accident has caused you.
Answered on Apr 03rd, 2013 at 1:52 PM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
In Florida, you cannot recover non-economic damages unless you have sustained a permanent injury, impairment or scarring in the accident. If you were not injured, then you cannot recover. In Florida, if a driver is drunk you can sue him for punitive damages, which are the damages above compensatory damages. Your compensatory damages are limited to the monies for medical bills and lost wages that your PIP insurance on your care does not pay. His insurance will not cover punitive damages, so you might be able to get him to voluntarily pay money above and beyond the compensatory, otherwise you will have to get a verdict, and a judgment, against the guy, for punitive damages. In Florida, as well, he cannot bankrupt punitive damages.
Answered on Apr 03rd, 2013 at 1:50 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Michigan is a no fault state and, if both drivers were insured on the situation described they each go to their own insurance company. You may have a mini-tort action for up to $1000. If he was not insured, see an attorney.
Answered on Apr 03rd, 2013 at 1:49 PM
In Massachusetts, you can make a claim for pain and suffering in a car accident if you have over $2000 in medical bills, a fracture, scarring, or death. Of course, the other person must be determined to be more at fault than you as well.
Answered on Apr 03rd, 2013 at 1:47 PM
Personal Injury Attorney serving Atlanta, GA
at
Gregory S. Shurman, LLC
Update Your Profile
Yes, you can sue him for your medical bills, any time lost from work, pain and suffering and punitive damages. Punitive damages can often be the largest aspect of a case like yours.
Answered on Apr 03rd, 2013 at 1:47 PM