Do I have a case for pain and suffering if a drunk driver drove into the side of my own?

Get Legal Help Today

 Secured with SHA-256 Encryption

Do I have a case for pain and suffering if a drunk driver drove into the side of my own?

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?

Asked on January 28, 2012 under Personal Injury, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption