QUESTION
Can you still sue if you weren't hurt but should have been?
Asked on Oct 24th, 2013 on Personal Injury - California
More details to this question:
My child and I were at a store. A heavy object was about to fall on my child but luckily I happened to be looking and got my child out of the way. He is 100% physically okay but I am shaken up. He would have been severely injured. I want the store to realize the seriousness of the situation. I talked to the manager, but wondering if there is anything else we can do. Two other people saw the incident.
12 ANSWERS
Ronald A. Steinberg
What are your actual damages? No damages, no lawsuit. Only very wealthy people can pursue claims "on principle."
Answered on Oct 25th, 2013 at 12:21 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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No harm, no foul. No claim.
Answered on Oct 25th, 2013 at 8:58 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No, and for obvious and fundamental reasons: the purpose of a lawsuit is to provide compensation, not an opportunity to pick up easy money because somebody made a mistake. If there was no injury, then there is nothing to compensate. That's why it's called a "personal injury" action.
Answered on Oct 25th, 2013 at 7:49 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Don't waste the court's time. You may even get sanctions assessed against you.
Answered on Oct 25th, 2013 at 7:43 AM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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Look at your situation from this standpoint. If you want to hire an attorney to file suit on your behalf, the first question that will be asked will relate to the nature and extent of your injuries. If the damages are extreme and will potentially result in a large jury verdict, an attorney would be interested in filing suit on your behalf on a contingent fee basis. If your damages are negligible, the attorney may be willing to file suit on your behalf if but only if you would be willing to pay his or her hourly billing rate of $250 to $400 per billable hour but not on a contingent fee basis for obvious reasons.
Answered on Oct 25th, 2013 at 1:20 AM
James Eugene Hasser
You have no claim.
Answered on Oct 24th, 2013 at 10:34 PM
1 Award
There should be some damages to warrant filing a lawsuit. Without damages, the jurors will not be happy that you filed the case. You theoretically may have a claim for negligent infliction of emotional distress, but I don't think such a claim would fly in the circumstances you have described.
Answered on Oct 24th, 2013 at 10:34 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You generally cannot collect for damage that did not occur. See and attorney with details but this is a very doubtful cause of action.
Answered on Oct 24th, 2013 at 5:52 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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All you can do is write a letter to the management. This is a case of no harm, no foul, no damages, no viable law suit. Maybe a complaint to OSHA if it is an unsafe working condition.
Answered on Oct 24th, 2013 at 5:51 PM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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No.
Answered on Oct 24th, 2013 at 5:50 PM
As you have no damages, you have no viable lawsuit. Write the corporate office and complain, accept their discount coupons and feel blessed you do not have a maimed child.
Answered on Oct 24th, 2013 at 5:50 PM
Edwin K. Niles
Any suit has two basic elements: Liability and damages. You have no damages.
Answered on Oct 24th, 2013 at 5:49 PM