Legal Question in Personal Injury in Florida
NIED Case?
Two years ago, a woman witnessed from her window a car almost hit her five year old son while he played in the front yard. Their house is located right off the interstate, near an off-ramp. The driver of the car lost control while exiting too fast. He apologized and handed the woman a fifty dollar bill for the damages he made to her yard. Through the commotion, the mother never got the driver's name, plates, etc. The son is fine and doing well, but the mother claims that she has been having nightmares of the incident and needs conselling because she is so worried it may happen again.
Does she have any claim in the state of Florida?
I know that, in Florida, an NIED case must involve some sort of ''impact'' or physical injury. Since there is not one here, will NIED not hold up? Is there any thing else she can do to be compensated in any way for her distress?
1 Answer from Attorneys
Re: NIED Case?
She does not have the name of the driver, so there is no one to sue. If she had the name, there is no case because of the impact doctrine. She can't she for nightmares.
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