My kids are mentally stressed after a car accident can I sue? 20 Answers as of April 01, 2013

Kids are having trouble sleep at night and are constantly asking about the car accident everyday for over a month. And afraid we’re going to get into another accident. And I think about it every day too and also lose sleep over it. Is there any way I can sue?

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Durham Jones & Pinegar | Erven Nelson
Yes, if you were not at fault. You will need to prove emotional distress through medical records. Take the children to a child psychiatrist or counselor.
Answer Applies to: Nevada
Replied: 4/1/2013
Alison Elle Aleman, Attorney & Counselor at Law
Alison Elle Aleman, Attorney & Counselor at Law | Alison Elle Aleman
One can sue for mental anguish and suffering following an automobile accident. However, it is generally difficult to prove this without some physical injuries as well.
Answer Applies to: California
Replied: 3/7/2013
Law Offices of Mark West
Law Offices of Mark West | Mark West
Did your children receive injuries? Generally speaking, emotional distress damages are not recoverable in such an accident without some sort of physical injury. If they were and you do bring a claim on their behalf, the money is theirs and would have to be put in a bank account for them to be distributed when they turn 18.
Answer Applies to: California
Replied: 3/7/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
If their stress can be supported by a doctor, then I guess that you can sue. However, you have to prove that the emotional damages were foreseeable, and were directly resulting from the accident.
Answer Applies to: Michigan
Replied: 3/7/2013
Adler Law Group, LLC
Adler Law Group, LLC | Lawrence Adler
They have a claim for the emotional injury but it must be accompanied by a physical injury in Connecticut.
Answer Applies to: Connecticut
Replied: 3/6/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    If the collision was clearly caused by the other party (big problem often) and if you can get medical testimony that your statements are real and not just talk you might do so good. Not likely. Emotional injuries are hard to prove and no one will take you seriously unless you have serious medical testimony to back you up.
    Answer Applies to: North Carolina
    Replied: 3/6/2013
    Curry, Roby & Mulvey Co., LLC
    Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
    You may be able to sue under a theory of negligent infliction of emotional distress, but: 1.) cases for these types of damages typically typically result in fairly small settlements and verdicts, and 2.) these types of damages are not covered by a typical automobile insurance policy. So, if you do sue, you most likely would be forced to recover your damages from the other driver, individually instead of through his insurance company which may be difficult.
    Answer Applies to: Ohio
    Replied: 3/6/2013
    Law Office of Christian Menard
    Law Office of Christian Menard | Christian Menard
    If your kids were involved in an accident caused by someone else's negligence, they (and you) can sue for all damages and injuries suffered. You say nothing about any physical injury so i an assuming that their (and your) only injury is mental distress which is a recoverable item of injury. In order to prove the nature and extent of that injury to the three of you, i recommend that you seek consultation, and treatment, by a good psychiatrist or psychologist to document the distress and anguish the three of you are suffering.
    Answer Applies to: California
    Replied: 3/6/2013
    Law Office of Savyon Grant
    Law Office of Savyon Grant | Savyon Grant
    Potentially you can. You should review with an attorney.
    Answer Applies to: New Jersey
    Replied: 3/6/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    You can certainly sue. With no physical injuries, I would not expect to get much.
    Answer Applies to: South Carolina
    Replied: 3/6/2013
    Anteski Law Firm | June Anteski
    You may be able to sue the driver if the driver caused the car wreck. But, to win your case, you will need to be able to prove damages. Typically, a Plaintiff will settle their claim for 2-3x the total amount of the medical bills. You need to speak to a personal injury attorney as soon as possible. Note: you need to act forthwith before any statute of limitations may expire. Good luck.
    Answer Applies to: Arkansas
    Replied: 3/6/2013
    Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
    Did you or you kids receive physical injures? Mental distress is not enough to get compensation.
    Answer Applies to: Utah
    Replied: 3/6/2013
    They need to be referred to a psychologist for treatment. Make sure the psychologist knows how to writer a report.
    Answer Applies to: California
    Replied: 3/6/2013
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    If they were responsible and you were injured.
    Answer Applies to: Alabama
    Replied: 3/6/2013 | Terrence A. Valko
    It is natural to have a post-traumatic reaction to any number of negative stimuli such as observing an auto collision as a participant. Get into counselling by using your first party benefits. After treating with a psychiatrist, using the talking therapy and medications, ring up your lawyer for a small settlement. If you gave away your right to sue (Limited Tort Option), then forget about seeking justice.
    Answer Applies to: Pennsylvania
    Replied: 3/6/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    You could, presuming the other person was at fault, but what would it be worth? Were any of you physically harmed in the accident? Have you documented the physical and mental harm with appropriate medical care? Will the conditions resolve? These are all questions you need to consider. The insurance company for the other side may consider paying something for this, but there are no guarantees.
    Answer Applies to: Alabama
    Replied: 3/6/2013
    WEISSMAN LAW FIRM | I.Donald Weissman
    Emotional distress is a valid basis for a claim. The children should be seen by a counselor or psychologist to assist them in dealing with their fears and concerns. It also helps document the emotional distress for any claim. Seek assistance of an attorney to guide your through the process.
    Answer Applies to: California
    Replied: 3/6/2013
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