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

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

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  2. 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.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.


  3. 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.


  4. 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.


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


  6. 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.


  7. 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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