Last week we had a drunk driver run into our home about 12:30 in the morning. we were wondering if we can sue for emotional distress and suffering that it has caused our family. Not to mention this was a PA state corrections officer driving the state owned vehicle. I cannot find any information if you can sue someone in PA for this circumstance. The damage that the driver has done not only shocked and has shaken up our family from being woke up to a vehicle running into our home but atleast $30,000 worth of damage to the home including a large 10'x5' hole that is in the side of it. We just need answers.
Yes. You may sue the driver for any damages caused by his negligence. This means that you may sue for the damage to the home. You may also sue for any emotional injuries he caused. To recover for the emotional injuries, you will have to have expert testimony. This means that you will have to see a psychologist or psychiatrist.
That being said, there are many other facts that must be considered before you file suit. You should contact a civil attorney in your area.
L. Kenneth Chotiner, Esq.
the Chotiner Firm
However, your chance of recovering on the damages will depend upon the evidence. You will have no problem proving the damages to your home
The legal requirements for filing a winable legal claim for "negligent infliction of emotional distress" varies from state to state. I suggest that you contact a personal injury attorney in your state for a comprehensive answer.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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