What can I do if a car accident has caused long term mental distress?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do if a car accident has caused long term mental distress?
Almost 2 years ago, a car that was going to fast off of the interstate exit ran into my yard and nearly hit my then 5 year-old daughter who was playing in the yard. Although it frightened us both, it only caused physical damage to the yard. Since then I have been terrified, paranoid, and losing weight. I can’t let my daughter out of my sight. I am having nightmare, I can;t sleep and the over the counter sleeping meds are not working. I am considering seeing a psychiatrist. Do I have a legal case?
Asked on May 22, 2011 under Personal Injury, Mississippi
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You probably do not have a cause of action. Fortunately for you, neither you nor your daughter was injured. As a general matter, negligence--or carelessness; like driving too fast--only gives rise to claims for mental distress if there is some physical injury as well. Usually for there to be a claim for mental distress without physical harm, the actions must have been deliberate or willful, which these do not appear to be. The law, unfortunately, does not provide recourse or compensation for all harm, and this is one that the law does not generally provide compensation for. You can and should consult with a personal injury attorney, who can evaluate your situation in detail, for an opinion specific to the facts of your case; you need to be prepared though, that it is very likely there is no cause of action here.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.