Q: I saw my brother get severely injured as a passenger in the car I was driving when a drunk driver hit us. Can I sue for
emotional distress?
A: Bystander emotional distress recoveries are generally limited to those who reside in the same house. If that is the case with you and your brother, you can pursue a claim against the drunk driver. Hopefully, he is insured with a large policy.
A: You (as well as your brother) can individually sue the drunk driver for your personal injury and emotioanl damages, assuming you were injured. Whether you can recover emotional distress damages for witnessing your brother's injuries will depend on several factors including where you and he reside.
Joseph Torri agrees with this answer
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A: Yes you can. You should include the em cause of action in your own lawsuit for physical injuries. Best of luck.
A: You (as well as your brother) can individually sue the drunk driver for your individual personal injuries and emotional damages, assuming you/he were injured. Whether you can recover emotional distress damages for witnessing your brother's injuries will depend on several factors including where you and he reside.
A:
Because you were in the same car, and were in danger yourself of being severely injured, you can sue for your own serious emotional distress, even if you did not get physically injured. You can also sue for serious emotional distress for witnessing your brother's injuries. I have to disagree with my colleagues regarding living in the same household. The authorities to CACI 1621 (California Jury Instructions for Negligent Infliction of Emotional Distress) contain this: “Absent exceptional circumstances, recovery should be limited to relatives residing in the same household, or parents, siblings, children,
and grandparents of the victim.” So siblings qualify, even if not residing in the same household.
Joseph Torri agrees with this answer
A: It is highly likely that you can sue for that, but a careful review of the facts is necessary. You should consult with a personal injury lawyer right away! Most offer a free initial consultation.
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