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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 27643
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I was side swiped by a drunk driver on 10/4 in a crosswalk.

Customer Question

I was side swiped by a drunk driver on 10/4 in a crosswalk. He ran a red light. I am only bruised and I didn't break anything. The driver went on to hit someone else who is in critical condition. I was thinking of filing a personal injury claim against the driver for mental shock and stress. Do I have enough legal grounds to do so?
JA: Can you tell me what state this is in? And do you have copies of the medical records?
Customer: This was in Virginia. I have copies of my medical records. My insurance covered the Ambulance, X-Rays at the hospital.
JA: Has anything been filed or reported?
Customer: I don't know. The other victim is still in critical condition at GWU hospital. Only family is allowed any information in regards ***** ***** condition.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think that is everything.
Submitted: 10 months ago.
Category: Legal
Expert:  LegalKnowledge replied 10 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  LegalKnowledge replied 10 months ago.

The tort of intentional infliction of emotional distress has four elements that must be proved: 1) the wrongdoer’s conduct was intentional or reckless; 2) the conduct was outrageous or intolerable; 3) there was a causal connection between the wrongdoer’s conduct and the resulting emotional distress; and 4) the resulting emotional distress was severe. If this can be shown, then you do have a valid basis to file a civil lawsuit. Any medical bills/costs incurred can likely be recovered by the State, in the criminal proceedings, as a form of restitution but any additional damages, need to be obtained civilly.

Customer: replied 10 months ago.
Do I have enough legal ground to go forward with a personal injury claim?
Customer: replied 10 months ago.
Thank you for the information. I don't think I have all of the elements listed.
Expert:  LegalKnowledge replied 10 months ago.

It would all depend on the damages which you can show. By that, I mean what has resulted from this and can a value be placed on it. For example, you would likely need to be evaluated and under the care of a doctor, who would need to testify as to the extent of this and how you have suffered.
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