Do I have a case for pain and suffering if a drunk driver drove into the side of my own?
Question Details:
I want to know if I we have a case. A drunk driver drove into the side of our apartment building coming through into the dining room. Our wall now has a huge hole in it and our landlord has just put tarp up on it. I am very shaken up because I was sitting just inches from where the vehicle entered into the dining room. This drunk driver just left the scene of the accident and thankfully was caught up with by the police. The driver is now in jail. We have no personal property damage and I was not injured but again very shaken up. We are now being inconvenienced by having to have workers in and out of the apartment to access and fix the damage. Do we have a case at all for pain and suffering?
Personal Injury Law Answers
No, unfortunately, you would not have a claim for pain and suffering. That is not to make light of what you suffered, which was undoubtedly traumatic and for which you have our sympathy. Unfortunately, the law generally only allows compensation for pain and suffering in the following circumstances:
1) For physical pain and suffering, when there are personal injuries;
2) For the emotional pain of having directly watched a loved one being killed (e.g. a child or spouse were run over by a drunk driver before your eyes); or
3) For the intentional infliction of omotional harm--e.g. some cases of threats, stalking, harassment, etc.
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