Can I sue after a car accident? - Accident Law Questions and Answers- LawQA.com

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Can I sue after a car accident?

A couple days ago I was in a car accident. A car was making a quick left turn and I didn't have enough time to stop. It seemed as though it was a last minute decision for him to turn. My 8 year old daughter was in the car with me at the time. He claimed I did not have my headlights on, but I know I did. I had just met my sister in a parking lot and had my headlights on so she could find me and I never touched them. My daughter was brought by ambulance to the ER and was deemed okay, just to take it easy for a few days. My husband brought me to the ER the next day and I was told the same thing. Today I went to take my husband's truck to run a few errands and started having a panic attack by the time I reached the end of my road. I have also been having a hard time caring for my 2 year old child and have to hire a babysitter to help me out for a few hours a day. Is there any way I could sue the other driver for emotional damage?

Answer By David Hoines
David Hoines Law
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very difficult claim

Answer Applies to: Florida
Replied: 8/12/2011

Answer By Steven Dunnings
Dunnings Law Firm
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No, but you might file a claim with your insurance company for Personal Protection Benefits (PIP) for loss wages or replacement services you need due to your inability to perform household duties you are unable to preform due to injuries from the accident

Answer Applies to: Michigan
Replied: 8/10/2011

Answer By Andrew Velonis
Andrew T. Velonis, P.C.
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Under New York State law, you need to be able to prove that you have suffered a "serious injury". There are volumes on what that means, but basically, it boils down to death, broken bones, miscarriage, total disability of 90 days or more, or permanent partial disability, all of which must be proven by objective medical findings.

Answer Applies to: New York
Replied: 8/10/2011

Answer By Dan Woska
A. Daniel Woska & Associates, P.C.
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It is difficult to figure out exactly what happened from your question. Assuming you rear ended the car in front of you and you are now claiming damages but not physical damages, but emotional. In Oklahoma, a tort or negligence claim without a physical touching is probably not actionable, but you need to discuss this with an attorney as soon as possible.

Answer Applies to: Oklahoma
Replied: 8/10/2011

Answer By Bernard Huff
Bernard Huff, Attorney/Mediator
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Contact and consult with a plaintiff's personal injury or an accident attorney regarding the liability, injuries and damages resulting in the vehicle accident..

Answer Applies to: Indiana
Replied: 8/10/2011

Answer By Francis Hajek
Wilson & Hajek,LLC, a personal injury law firm
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You do have a personal injury case for both you and your child. In order to obtain the best possible recovery in your situation, I strongly recommend that you contact an experienced personal injury attorney. Statistics have shown that better settlements are obtained by injury lawyers. I don't think an insurance company will give your panic attacks much weight unless you seek some treatment for them from a licensed health care professional. It is also in your best interest to get some help for this compelling issue.

Answer Applies to: Virginia
Replied: 8/10/2011

Answer By Joseph Iarussi
Advanced Litigation Services
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Intentional infliction of emotional distress is called an intentional tort (which means the person must have intended to bring you harm).This set of facts you discussed is more of a negligent act so you would sue for negligence.

Answer Applies to: Nevada
Replied: 8/9/2011

Ewusiak & Roberts, P.A.
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Generally, you need to prove a permanent physical injury or scarring to recover money from a car accident in Florida. It is probably too early to know exactly what effects the accident will have. You should consult a personal injury attorney who can help you obtain compensation. Most lawyers who handle these cases will do so on a contingency fee basis, meaning you do not pay unless you win.

Answer Applies to: Florida
Replied: 8/9/2011

David F. Stoddard
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Yes you may be able to. I would suggest that you ignore the possibility of a suit at this time. You have up to three years to file a suit. See how the emotional problems go. If you get to the point that it is bad enough to seek medical attention, do so. In the end, to recover for emotional distress, you will need a psychiatrist to testify and convince a jury that you have post traumatic stress disorder or other anxiety disorder caused by the accident. These cases are difficult to prove because juries are skeptical of personal injury claims that do not involve broken bones or other tangible injuries that show up on x rays. If the mental injury is real, however, it is worth pursuing.

Answer Applies to: South Carolina
Replied: 8/9/2011

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