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?
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.
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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