Wife was hit by drunk driver but not injured, is she entitled to any damages?

Asked over 1 year ago - Cleveland, OH

My wife was recently hit by a drunk driver and her car is being considered a total loss by the insurance company. The driver was traveling in the wrong direction on the express way at a very high rate of speed and my wife had to swerve to avoid being hit head on. The drunk driver did not stop but was eventually arrested by police further down the road. My wife was not injured in the accident but is still very shaken up by it weeks after the accident. Are there any damages we can seek against the drunk driver?

Attorney answers (7)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . In order to sue for personal injury damages, there must be a personal injury.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  2. Jann Collette Washington

    Contributor Level 11

    8

    Lawyers agree

    Answered . Absolutely you can pursue a personal injury claim against the drunk driver. Particularly if your wife incurred emotional distress from the accident. Has she seen a psychologist or psychiatrist, or obtained treatment from her personal physician for her emotional distress? Please feel free to call me to discuss the matter more fully.

  3. Michael Ryan Juarez

    Contributor Level 16

    9

    Lawyers agree

    Answered . The state of the driver will not determine damages.

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.... more
  4. Timothy Leo Bowden

    Contributor Level 14

    8

    Lawyers agree

    Answered . it will depend. i would contact an attorney local to your area.

  5. Jeffrey Allan Leikin

    Pro

    Contributor Level 9

    6

    Lawyers agree

    Answered . If your wife has no sought any medical tyreatment for the accident then there is no personal injury claim to pursue. You do, however, have a claim for an damages for the car as well as lost time from work.

  6. Robert Bruce Kopelson

    Contributor Level 20

    7

    Lawyers agree

    Answered . Depends upon how shaken up she is. I have had cases where the major injury was post traumatic stress. She should consult with a doctor and depending upon symptoms, get some therapy. Talk to a local atty about any special laws in Ohio.

  7. Jesse Michael Schmidt

    Contributor Level 5

    3

    Lawyers agree

    Answered . In Ohio injury claims are primarily based on physical injury as the starting point. Damages for psychological injury alone are possible, but the ability to recover is difficult and damages will be limited. She would have to seek psychological treatment and have significant ongoing symptoms, such as the loss of sleep, inability to focus, emotional trauma, etc.

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