Emotional Distress from Almost Getting Hit by a Car...
by Charlotte (Reading)
As I walked across the zebra crossing in a school car park one of the teachers wasn't paying attention while driving and just managed to stop a centimeter from hitting me.
Her reason for looking backwards as she drove forwards was because someone revved their engine behind her and she was worried about her BMW! I had my son in my arms at the time. She got another teacher to give me a sorry card.
Is there anything I can do about the emotional distress this cause me and my child?
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ANSWER for "Emotional Distress from Almost Getting Hit by a Car...":
Although there is no doubt you and your son suffered distress, regrettably your distress does not rise to a sufficient level to meet the burden of a personal injury case. Additionally, your mental anguish would not be recoverable.
There remains a very strong possibility if you or an attorney were to file such a case, even if it was filed in Small Claims Court, the Judge would most probably summarily dismiss the case and admonish you or your attorney for filing a frivolous lawsuit. If so the Judge might cite you, requiring you pay the court costs for filing a frivolous lawsuit and wasting the court’s time.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
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