Legal Question in Personal Injury in Missouri
Several months ago I was involved in an accident for which I was awarded a citation for C&I. It was a minor fender bender; probably between 5 and 10 mph. When I attended the court date to protest the C&I the judge recommended that I get an attorney. I was convinced I could get the charge lowered or dropped until he informed me that his copy of hte ticket was marked as a fatality: meaning I caused someones death. This was news to me and caused a tremendous amount of emotioinal distress over the following weeks as I tried to find the truth. I finally contacted my insurance company and was informed that the woman I had supposedly killed had already settled and was picking up a check that day. That was the best news I had heard in years.
When I contacted the court and provided them with the information the clerk told me that she had to talk ot the trooper that had indicated the fatality on lmy citation. When she called me back she told me that the trooper said, "oops. I marked that on the wrong ticket. He didn't kill anyone."
My question is, do I have any recourse against the trooper whose inaccuracy caused this dilemma and my honest anguish over having been told by a judge that I killed someone? I've never sued anyone before, but the officers response struck me as a little too carefree and nonchalant.
1 Answer from Attorneys
Government officials typically have immunity in situations like this. Even if you could sue, proving your damages would be difficult. Unless you sought medical treatment for the stress and anguish, your case would cost you more to pursue than you would ever recover.