Legal Question in Personal Injury in California
My daughter was in an accident which caused a fatality.
She was not physically injured but has been diagnosed by
her counselor as having PTSD. Her demenor has changed, she
is depressed, and freaks out a few times a week when driving in
the car, and the driver has to pull over. Can I sue the company of the
vehicle who struck them (semi-truck) for the ongoing mental health care that she is going to need? I dont have the money to get her all the care she needs, and I also have medical bills looming because she was transported to the ER because she was fainting repeatedly at the scene of the accident. The accident occured in California but I live in Oregon.How do I go about this?
6 Answers from Attorneys
You may have a good case, but I would need to know more about the accident and the defendants. Also, I presume your daughter is a minor; if she is an adult then she can sue but you can't.
The age of of your daughter determines who can file a lawsuit. If she is 18 or older she must pursue in her name . If she is under 18 you can file on her behalf.It sounds as though there is a very good case here but I would need to know more facts to provide a thorough evaluation.Which driver was at fault according to the traffic collision report?
Hello, this is Barry J. Simon, ESQ. If your daughter was fainting at the scene she may have had a head/brain injury, was that fully checked out? In California, you need a physical injury to pursue psychological damages so I need to see the ER records and learn more about her injuries from the accident. You can email to me or call or fax me. My email is [email protected] or you can call me toll free at 1-877-733-4393. My toll free fax number is 1-877-734-4257.
The place you will need to file any lawsuit to recover money damages for your daughter likely needs to be the county where the accident happened. So it is best to find a lawyer in or near that county. In the event that it happened in the San Francisco Bay Area, I have been doing accident claims for over 30 years in the SF Bay Area, and would be happy to give her a free phone consultation to determine her rights. It is best if I talk to her directly though.
The things I need to know include: was your daughter driving or a passenger? Did she have liability insurance on her car? Did the police find the truck driver at fault? Did she know the person who died? How old is she?
You can find my contact data and information about me either on AVVO.COM or on my own website at:
http://negligentdeath.com/contact.htm
I have offices in both San Francisco and in San Rafael, CA I hope I can help.
She can sue anybody responsible, including driver and registered owners of the truck, and possible the driver of the car she was in [assuming she was not the driver]. She has to prove the other vehicle[s] and driver[s] were at fault and liable to her, through police report, testimony, etc. She has to prove her damages caused by the collision, including medical, wage loss, etc., also through witnesses, doctors, etc. If you think you can do so, and if the case is in SoCal, feel free to contact me for the legal help you'll need.
I would be available to take this case on a contingency basis. Contact me directly 20 years experience.
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