I am licensed in Nevada, but this answer should apply in Oregon as well.
From your facts, it appear that there was only property damage as a result of the accident. if so, that's a good thing since no one was injured as a result of the accident. In Nevada, as in most states, you cannot recover emotional distress damages as a result of property damage. However, if you were physically injured, you may be able to recover for the emotional distress caused by the injuries to your body. If that is the case, I recommend seeking appropriate medical care and the assistance of an experienced personal injury attorney.
Hope this helps.
/s Donald Kudler
Suing for medically documented bodily injuries when the defendant is the state is challenging enough, making a claim for emotional injuries will be an 11 on the 1 to 10 scale of difficulty. I know that this was a traumatic event for you. However, in the legal sense, "emotional distress" requires a showing of severe emotional distress which was accompanied by documented physical manifestations, OR something the law calls "outrage", which is enhanced intentional conduct. A sign post in the highway is negligence, not "outrage".
I wish you the best.
This answer is provided for informational purposes. True legal advice can only be given in an office consultation from an attorney in your jurisdiction who is experienced in the area of the law in which your concern lies.
From your facts I see nothing supporting a claim for emotional distress. While the situation may have been traumatic, to support any claim for emotion al distress you need documentation from a mental health professional to support your claim. That said, you may not be able to make any emotional distress recovery without suffering any physical injuries.
To make matters worse, you would probably have to make a claim against a governmental agency, which has strict notice timelines that must be followed. By failing to timely submit a claim you lose your ability to sue in most states.
From what you have stated it seems like you do not have a case.
Yes, only if you have medical records and reports supporting your claim of emotional distress. Otherwise, no.
I hope this helps and If you do find the answer helpful, please click on the "thumbs up" button below! Thanks!!
Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for informational purposes only.
Sign up to receive a 3-part series of useful information and advice about personal injury law.