Legal Question in Personal Injury in California
Fatal Car Accident: VIctim's Family Being Sued for Mental Anguish?
My Dad was killed in a car accident to which he was driving a 1950's car requiring no seatbelts. He was ejected from the car and died on scene. The police report originally indicated the other party at fault- there were loads of witnesses, then it took a year to get the final report, which named him at fault. Now the woman that hit him is suing for mental anguish since she saw his body get thrown from the vehicle. She is suing the family estate. Is there ever a case where someone has sued like this and won?
4 Answers from Attorneys
Re: Fatal Car Accident: VIctim's Family Being Sued for Mental Anguish?
When you say "him" in your question, I will assume that you are referring to your father.
If the accident was his fault, then the estate may be liable for "Negligent Infliction of Emotional Distress." Yes, this is a valid cause of action and these cases have been won in the past.
Re: Fatal Car Accident: VIctim's Family Being Sued for Mental Anguish?
Sorry about your loss and we feel your pain about greedy individual who would like to make $$$ from your precious loss of life. From what you are describing, we are strongly convinced that the other driver's lawsuit has no legal basis and I recommend that you let your husband's insurance company handle that. However, your hasband's eastate and yourself can bring a wrongful death case against the other driver and you can hire your own experts disputing the police report and I believe it has a lot more foundation and merit and it certainly has a lot more value than a baseless negligent emotional distress claim. Call us at 213.388.7070 for a free consultation.
Re: Fatal Car Accident: VIctim's Family Being Sued for Mental Anguish?
I am so sorry to hear about your loss. I am sure the last thing you and your family needs to deal with is a potentially frivolous lawsuit.
To begin with, unfortunately a cause of action for negligent infliction of emotional distress does "survive" the decedents death. The cause of action passes to the decedents successor in interest or personal representative.
That being said, in order to prove her claim, the plaintiff will have to establish all of the negligence elements including duty, breach, causation and damage. Of particular note, the distress must constitute severe emotional distress.
It sounds like the estate would have many defenses, including contributory negligence. Most of all though, it sounds like your family has a potential wrongful death action against the other driver.
Our office handles these claims regularly, if I can be of any further assistance, please do not hesitate to contact me.
Yours truly,
Bryan
619.400.4929
Re: Fatal Car Accident: VIctim's Family Being Sued for Mental Anguish?
Of course, anything is possible. However, your dad's estate/heirs can sue the other driver and owner, regardless of the police report. Witness testimony could win that case, and thus defeat hers. Feel free to contact me if serious about doing so, if the case is in SoCAL.
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