Legal Question in Civil Litigation in Missouri

Pain and suffering

If a child and his/her grandmother was on an outing together and the child was struck by a car and killed right in front of the grandmothers eyes, does she have the right to sue for pain and suffering? This tragic event has traumatized the her. I no that the biological parents can sue for pain and suffering. The grandmother was not hit by the car. She just witnessed the tragic event that took place.

Asked on 6/25/03, 11:21 am

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Pain and suffering

Under California law, a grandparent who is present when a grandchild is injured or killed may sue for negligent infliction of emotional distress. If this occurred in CA, please give me a call to discuss further. -Robert F. Cohen, Esq., (310) 858-9771.

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Answered on 6/25/03, 12:42 pm

J. Caleb Donner Donner & Donner

Re: Pain and suffering

If this occurred in California, the grandmother CAN sue for negligent infliction of emotional distress. She is then entitled to be "compensated" for any and all injuries that result from the negligence.

Of prime importance is whether there is anyone to collect FROM, i.e., was the driver of the vehicle insured? What are the policy limits? If there is no insurance or low policy limits does the driver have any personal assets?

Was there any alcohol or drug use by the driver of the vehicle?

There are a lot of questions that need to be addressed. I am willing to discuss the matter with you.

J. Caleb Donner



325 E. Hillcrest Drive, Suite 242

Thousand Oaks, CA 91360

Tel: 805-494-6557

Fax: 805-494-0990

email: [email protected]



This reply constitutes legal information for education purposes and does NOT constitute legal advice nor establish an attorney-client relationship. We will only represent you based on a written retainer agreement. Therefore, you should contact this office to discuss representation if you do want legal advice/representation.

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Answered on 6/25/03, 1:22 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Pain and suffering

Under the controlling case of Dillon v. Legg, the grandmother will be entitled to collect damages for emotional distress. If she needs representation, I'll gladly assist. (323)782-0099.

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Answered on 6/25/03, 9:50 pm

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