Can we sue someone who hit us after a DUI? 41 Answers as of March 26, 2012

Anybody can sue anybody for anything. If you have a spare $5000 to $10,000 you will find there is a herd of attorneys willing to take your money.But, since there are no provable damages [ it is difficult to put a value on your wife's fear of driving ], few if any attorneys will take the case on a contingency - a percentage of the recovery.

Although you have a claim, damages will be difficult to prove unless your wife actually gets psychological counseling or psychiatric treatment as a result of the accident.

You should sue, especially if it was the drunk driver's fault. Your costs of repair to your care and counseling (if necessary) for your spouse. Also, have her go and be examined by her doctor regarding the possible injuries to the baby as a result of the collision.

You may sue, but you must prove any physical and/or mental injury througt medical documentation and testamony. If psychological harm occurred to your wife in that she developed a fear for driving or riding in a car, psychiatric documents are needed to substantiate the fear.Youth need to consult with a personal injury lawyer for specific advice and direction.

Absent a physical injury, current Texas law does not recognize a cause of action for purely emotional injuries caused by the negligence of another party.

It will be difficult to recover much for emotional distress if there are no physical injuries, but, yes, you can try. Your case will be better if a psychiatrist can attest that your wife has Post Traumatic Stress Disorder, or a similar ailment.

If she is scared to drive or ride in a car, you can pursue a claim for emotional distress. Insurance companies usually do not pay much for this claim unless you have some treatment associated with such.

Yes, you can sue the driver, the owner of the car and more than likely the bar that sold and served the alcohol to the drunk driver.

If you wife is having significant difficulties with driving or being a passenger in a motor vehicle, then she may have psychological injuries and may be entitled to compensation for damages. The best way to determine whether or not you have a claim is to consult an attorney. The attorney will be better able to speak with you to discuss and evaluate your potential claim.

Yes. Also see the DA's victim witness re any injuries includng psych treatments. See a qualified attorney about the possibility of an emotional distress claim. Sounds interesting.

Personal injuries are easily obtained from auto accidents when proof is provided through medical care and testimony about pain and suffering. Likewise, psychological damages can also be obtained; however, they are harder to establish. The courts are less lenient on granting such damages unless you are able to provide the court with medical documents and testimony from the treating physician that the damages were actually incurred. Testimony from the victim alone may not be sufficient to establish damages sufficient to justify a full trial. But if you are able to prove this claim, then in some states the DUI may allow the recovery of punitive damages in addition to the general damages you may be entitled to (as much as 3 times the amount of actual damages). I suggest that you seek the advice of your attorney and a doctor as soon as possible because personal injury cases must be filed quickly to prevent you from losing all rights to file the suit.

She has to have some physical injury to make a claim, but if the BAC is over .15 she will have a claim for punative damages.

You should probably call a personal injury attorney to press your wife's claim. Your statement indicates there is probably sufficient basis for a cause of action.

You certainly can sue for any damages caused by the accident to the extent you weren't at fault. However, in some states the prosecuting attorney can request restitution as a part of the criminal case to reimburse your damages at no cost to you.

This must have been traumatic for both of you. Unless your wife has physical injuries or is under the care of a therapist, you have no viable case.

You can sue for physical damage, but not emotional distress alone. Good Luck.

Based on the limited information provided, you and your wife appear to have valid claims (property damage; likely mental anguish since both of you were in the "zone of danger" when hit; punitive damages for wanton conduct if the other driver was drunk). If the other driver was uninsured, don't forget your own uninsured motorist coverage. Most attorneys will provide a free initial consultation. You and your wife may want to speak with an attorney.

You can sue the driver of the car but you must first establish an injury in order to collect damages. New York No Fault law outlines what those injuries are.

Yes, you can sue them, assuming they caused the collision. I'm not sure what you mean by "am I obligated to a claim" but you certainly have a claim against the DUI driver if that negligence was the legal cause of your damages. Look to insurance first. You may need to seek help from your insurance company to get the DUI driver's insurance information if it is not listed on the collision report. Whether the DUI driver is insured makes a difference as to how you pursue the claim.

You certainly have a claim for property damage. You might have a claim for personal injury if the injury is significant. Has she been to the doctor/ Who can verify her fear It could be a form of emotional distress. You should contact a lawyer and discuss with them.

You can make a claim with the driver's insurance carrier, pointing out that their driver was drunk [if he was convicted of a felony then you are entitled to have your attorney fees paid by him] and giving a lot of detail as to your wife's fears [including afraid for the fetus and miscarriage], but do not expect more than a few hundred dollars. It is best to let them make an offer and then go back and forth until you reach an acceptable figure.

An accident victim can only recover financially from another driver if there is a "serious injury" as that term is defined by law. This includes death, miscarriage, fractures, a total disability that lasts 90 days or a permanent partial disability. The injury must be confirmed by objective medical proof such as an x-ray, MRI, CT scan or nerve conduction study

In answer to your question, in Virginia, you must have a physical injury to make an accompanying claim for psychologic injury such as fright. Thus, to answer your question, no, you cannot make an injury claim. Of course, the other party is responsible for your car.

Yes, you could bring a lawsuit for the damages that the accident caused, including emotional distress.

First and foremost, your wife should seek medical attention. Although the injuries may not be apparent right a way, they may exist. Also, since she is pregnant, there may be other medical issues. You can certainly sue someone who is at fault. However, the question is whether you have a good case. I suggest you make an appointment and meet with an attorney to evaluate your case.

If she has no injuries she is entitled to little. Emotional issues if verified by a psychiatrist are compensable. If she has any soreness now she should go to a doctor. She certainly should go to her obstetric doctor. She could have a case.

Nebraska does not allow for punitive damages. In other words you can't get a judgment for the purpose of punishing someone. You can bring an action for your actual damages, which include the damage to your vehicle, medical costs, pain and suffering, any out of pocket expenses and some other things. Don't be too quick to determine if you had injuries. Some may not be evident immediately. The Statute of Limitations in Nebraska is four years for personal injuries.

Yes, you have a potential claim. In fact, you could possibly obtain punitive damages against the other driver.

If she is experiencing anxiety and other emotional issues related to the collision, she may be able to recover for those "damages". Typically, you would have to have some medical provider's records to establish the anxiety, preferably with a treatment recommendation.

Yes, you can either make a claim against the at-fault driver's insurance or file suit. However, I would suggest getting your wife to a professional that can treat her anxiety from the collision. Ultimately, the at-fault driver is responsible for any damages caused by the collision, but to demonstrate a claim for driving anxiety, you will need the diagnosis of a mental health professional.

A lawsuit needs damages that a jury of normal citizens can award. Normally, a car crash needs injuries if a lawsuit is necessary. Without injuries, maybe you can call the DA and let him or her know that you or your wife want restitution and to testify at trial and sentencing of the drunk driver. If there are injuries, then a firm like ours would be able to help on a contingency basis.