Legal Question in Personal Injury in Florida

Personal Injury to husband and myself

An entertainer driving his brand new tour bus, swerve from hitting a female fan, and almost hit my husband, and crush into a record store. I his wife suffered post traumatic stress disoder, because of the accident, what is my legal rights for myself as well as my husband as to this matter.


Asked on 11/23/07, 10:48 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Personal Injury to husband and myself

None, since he was not hit.

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Answered on 11/23/07, 10:54 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Personal Injury to husband and myself

Because the car you and your husband were in was not hit and did not hit anything, you cannot sue because you have no physical injury. Florida is a minoprity of states and follows what is called the "impact rule." Without an impact, the ability to sue for non physical, psycological injury is very limited. In the incident you described, there is no remedy and you cannot sue for your psycological injury.

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Answered on 11/23/07, 8:19 pm


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