Legal Question in Personal Injury in California

Negligent Infliction of Emotional Distress

Can the mother who watched her 5 year old almost get ran over in her yard by a driver who accelrated of the freeway file a claim? However, did not get any information and was offered 50.00 for damage.


Asked on 3/18/09, 5:38 pm

1 Answer from Attorneys

Stephen Petix Quinton & Petix

Re: Negligent Infliction of Emotional Distress

In California a parent who witnesses her child being injured by the negligence or reckless behavior of another has a cause of action for infliction of emotional distress. But I don't know any lawyers who take on a case where the child did not, in fact, suffer any injury. I suppose one could argue that the incident gave rise to a continuing fear that such an accident could happen again. But I think the damages would be nominal, if any, and probably less than the filing fee.

Did the accident also cause physical damage to your property when the car crashed into the yard? If substantial damage was caused, that may warrant filing suit to recover the costs of repair, and the emotional distress claim could be included in that complaint.

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Answered on 3/20/09, 3:01 pm


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