If I was in an accident last week as a passenger but don’t have any injury can I still sue?

Asked on September 6, 2011 under Accident Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you don't have any injury, what are you suing for?

The legal system does not provide compensation for "close calls" or "might have beens"--it provides compensation for actual injuries or economic losses incurred. In a *very* few cases, IF the bad act was intentional--like an assault--there may be the opportunityt recover either damages for the intentional infliction of emotional harm or for punitive damages, but these damages are almost never (if every) available in cases of actual "accident," since an accident is a careless, not a deliberate act--i.e. the sufficiniently wrongul mental state or intention is not present. In car, etc. accidents, you can recover medical costs, lost wages (if any), or pain and suffering for sufficiently serious injuries--but if there's no injury, there's nothing to sue for.

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