Legal Question in Civil Litigation in Georgia
Recently a drunk driver crashed his jeep cherookee through my children's bedroom. No one was hurt but I incurred moving expenses and damage to two dressers. I did not have renters insurance. The driver has insure and I spoke with his agent today. She told me to submit all receipts and pictures. She said she would let me know when a decision has been made about reimbursement. I wanted to know if I don't agree with the settlement that they offer me can I file a lawsuit? And, can I file a lost for emotional distress or trauma due to this being a near fatal accident?
3 Answers from Attorneys
You can't sue for what did not happen.
If anyone was actually hurt, see a lawyer. Otherwise they should pay enough to repair and replace everything. If they don't you can sue and let a court sort it out but that can take a long time.
Yes, you can file a lawsuit. However, depending on the amount of your damages, you may want to discuss the matter with a lawyer to determine the true value of your case.
Depending on where you or your children were located at the time of the accident and the cause of the accident, you might be able to claim emotional distress, loss of enjoyment, etc.
If you have any further questions, I am available to discuss the matter with you. (770)367-1234.
10 Glenlake Parkway
Suite 130
Atlanta, GA 30328
While you would likely be unsuccessful in seeking damages for emotional distress or trauma, you could actually sue for punitive damages. Because the driver was drunk, punitive damages, which is meant to punish the defendant for bad behavior, appear to be a viable option in this situation.
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