Visitor Question

Emotional Distress from Almost Getting Hit by a Car…

Submitted 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?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Charlotte,

Charlotte:

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: May 19, 2011

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