Legal Question in Personal Injury in Arizona

Witnessing a Death - Emotional Trauma

We recently had a solo motorcycle slam through my backyard cinder block wall at 11pm at night.

I heard the noise and went to investigate thinking that another car had hit the wall. We had a truck come through the wall last father�s day at 6am.

Looking at the whole in the wall trying to see if there was a car on the other side, I almost ran into the dead body of the rider who had crashed. He was not wearing a helmet and when I finally noticed the movement I shined my flashlight down and saw his twitching body. The man�s upper body was hanging through the wall kind of crushed and shapeless. He was abviously dead as his head was seriously deformed and he had a huge hole in the side of his skull that I could see his brains. There was blood everywhere. I was probably 2-3 feet from the body when I saw him in the beam of my light. This scared the hell out of me.

Since this happened I have not slept well (nightmares), I keep smelling blood and then I keep seeing the man�s face. I will never forget his eyes stairing up at me. I think I might need to speak with a counselor to help get past these issues.

My question is can i file a claim with his insurance for my emotional trauma from having this happen in my back yard?


Asked on 6/10/09, 12:56 am

1 Answer from Attorneys

James Jenkins Jenkins Law Center PLC

Re: Witnessing a Death - Emotional Trauma

Is this a hoax? A man dies tragically and you want to sue his estate because you saw his body?

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Answered on 6/10/09, 2:11 am


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