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Was a witness to a fatal car accident in july. After the…

Customer Question
Hi, was a witness...

Hi, was a witness to a fatal car accident in july. After the accident i received a call from one of the officers asking for me to answer some questions. i missed the call but he did leave a voicemail where he forgot to hang up the phone and he says to someone "the damn witness was hyperventilating and shit"and just making fun of the state i was in. and never returned any of my calls. is there a legal action i can take?

Lawyer's Assistant: What state is this in? And how old is the car?

Texas, which car? there were two cars involved, one women died

Lawyer's Assistant: Has anything been filed or reported?

I can't find anything about it

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thank you

Submitted: 2 months ago.Category: Legal
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12/12/2017
Lawyer: LegalPro54, Lawyer replied 2 months ago
LegalPro54
LegalPro54, Lawyer
Category: Legal
Satisfied Customers: 13,575
Experience: General practitioner with diverse legal experience.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

I am very sorry that this happened. However, there is no legal action that you can taken based on the facts you have described. What the officer said was unprofessional, but it is not illegal to be unprofessional and no legal duty to you was breached.

I hope that this answers your question. If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

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Customer reply replied 2 months ago
could i sue him for emotional distress? I don't want him to get away with acting like this. I have PTSD from the whole situation. or would seeing be a waste of time and effort and money?
Lawyer: LegalPro54, Lawyer replied 2 months ago

I'm very sorry, but no, you cannot sue for emotional distress. A claim for intentional infliction of emotional distress would require demonstrating conduct which "shocks the conscience" and "exceeds all bounds of human decency." Things that meet this standard include rape and other horrible violations. Saying insults that were overheard because the phone didn't hang up just would not rise to this level, and you would waste time and money attempting to pursue such a claim.

What you CAN do, and would certainly be warranted, is file a complaint against the officer. You would do this by going down to the precinct and ask to fill out a complaint form. Depending on the police department, you may be able to do it online, or at least over the phone. You would just want to call and explain that you would like to file a complaint against the officer.

Again if there is anything more I can do for you just let me know. It's my pleasure....

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Customer reply replied 2 months ago
no, thank you very much
Lawyer: LegalPro54, Lawyer replied 2 months ago

You are very welcome, it was truly my pleasure to assist you.

Happy holidays and best wishes,

Patrick

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