California  |  Personal Injury

Legal Question

Asked on: 11/25/97, 1:58 pm

Dillon v. Legg/Emotional Distress claim / bystander v. direct victim claim

my mom was killed while crossing the street in crosswalk by an uninsured motorist who is being charged with involuntary mans. my dad was walking with her, witnessed the accident, and infact was hit or rather scraped by the car in question. had he not crouched forward at the very last second, he would have been killed also. my dad's insurance co, state farm, has tendered the policy limit on the wrongful death. now we are pursuing a dillon v. legg claim against state farm for his own injury. since he was struck by the vehicle, he has both a bystander claim and a direct victim claim. can you discuss the difference between the two claims ? my dad is from the old country, does not believe in mental helth counseling i.e. damages will be difficult to prove altho he has suffered a terrible loss. is there an advantage of filing a direct victim claim as opposed to a bystander claim ? i hear the level of proof required for direct victim claim is not as severe as it is for a bystander claim (fear of fraudulent claims).is it true ?

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