QuestionI was recently involved in an accident where the driver of a vehicle was at fault. I was stopped at a red light. This has been established in the police report. I sustained mostly soft tissue damage. I went to an urgent care about 2 hours after the accident, and went to my primary care doctor a few days later. The damage to my vehicle is about 5,000 dollars. The tragic part of this accident was the driver struck a bicyclist before hitting me, which resulted in her death. I unfortunately witnessed the whole thing, which is very traumatic. I am currently getting care from a massage therapist and physical therapist. My question is, since the driver had no insurance, but I had uninsured motorist coverage my insurance company (GEICO) steps in as the place of the other drivers insurance. They told me that after my medical treatment is done they will offer me a settlement. How do I go about this? My physical pain is not terrible, no broken bones or serious trauma but my back is quite tweaked. What can expect as a settlement and how do I go about accepting or declining the amount they offer. I am planning to also see a counselor, as i have been having a hard time sleeping and have the images i my head constantly. Any advice I can get is greatly appreciated.
AnswerDear Tcatlin,
Witnessing a death is tough and can stay with you, so please see a psychologist ASAP. Dr. Settlement is a combat veteran from the Riverine Forces in the Vietnam War, so I have also seen people severely injured and killed. And thus I can empathize with your mental anguish and that is also why I think you need to see a doctor, NOT just a counselor. There are two reasons for insisting on seeing a real doctor, a psychologist, since proof of a claim for emotional distress has to be proved by testimony of a doctor, NOT JUST A COUNSELOR.
Now, as to your insurance injury claim, www.SettlementCentral.Com teaches do it yourself auto accident claim help. And for your physical injuries, our site might be OK for you. But instead, I am recommending that you speak with an attorney or two to get some ideas on what could be the biggest part of your claim: negligent infliction of severe emotional distress. Your injuries will not amount to nearly the size of your claim for severe emotional distress, assuming that having “images in my head constantly” is making you fear riding in a vehicle for fear of the same thing happening to you.
You state that you “have been having a hard time sleeping and have the images in my head constantly.” This tells me that what you are suffering could well be the first stages of a serious mental anguish. Since Dr. Settlement knows combat injuries and death, I can tell you first hand that this is nothing to fool with. Serious long term depression can result unless one gets professional help. The fact that you have “images in my head constantly” tells me that you will have continued difficulty dealing with witnessing death. Dr. Settlement’s combat experiences form the basis of my advice to get to a psychologist just as soon as you can, Tactlin. You will need treatment to deal with having witnessed death so close, and since you were also injured in the same accident, the death is more personal to you inasmuch as you have a fear of riding in vehicles, and you are stressed every time you have to drive nowdays.
For one thing, you will likely be afraid to drive, and in fact that is probably the ONLY VIABLE PART OF YOUR MENTAL ANGUISH CLAIM. Here is why you need an attorney: witnessing the death of a third party likely is not going to allow you to sue for emotional distress. BUT, SOLELY BY REASON OF YOUR INJURY IN THE SAME ACCIDENT, IF YOU HAVE DEVELOPED FEARS OF DRIVING OR THE LIKE, THEN YOU CAN GET AROUND THE PROHIBITION ON SUING FOR WITNESSING THE INJURY OR DEATH OF A THIRD PARTY WHO IS NOT A RELATIVE.
I wanted you to have a full understanding of this most important part of your claim, so I spent last night doing a lot of research on this topic for you.
First off, the term "emotional distress" means mental distress, mental suffering or mental anguish. It includes all highly unpleasant mental reactions, such as fright, nervousness, grief, anxiety, worry, mortification, shock, humiliation and indignity, as well as physical pain.
Some states want you to suffer “severe” emotional distress before you can bring a lawsuit. What does that mean? The word "severe," in the phrase "severe emotional distress," means substantial or enduring as distinguished from trivial or transitory. Severe emotional distress is emotional distress of such substantial quantity or enduring quality that no reasonable person in a civilized society should be expected to endure it. In determining the severity of emotional distress consideration is given to its intensity and duration.
BYSTANDER RECOVERY OF EMOTIONAL DISTRESS IS GENERALLY PROHIBITED
Bystanders may recover for emotional distress damage only under very limited circumstances. The emotional disturbance suffered must be "serious and verifiable," and must be tied as a matter of proximate causation to the observation of the serious injury or death of an immediate family member. Finally, the plaintiff himself must have been in the "zone of danger" i.e, must have been exposed to a risk of bodily harm by the conduct of the defendant.
The essential elements of a claim of wrongful infliction of emotional distress upon a bystander are:
1. The defendant was negligent; this is no problem in your case, Tcatlin.
2. Defendant's negligence was a cause of injury or death to the victim;
3. Plaintiff was the spouse, parent, or child, of the victim; THIS IS THE WEAK PART OF YOUR CLAIM.
4. Plaintiff was present at the scene of the injury-producing event or accident at the time it occurred;
5. Plaintiff was then aware that such event or accident caused the injury to the victim;
6. As a result, plaintiff suffered serious emotional distress.
Do not become discouraged, since here is where I think your case has some strength, Tcatlin: you suffered injuries, and this is combined with the death scene to make a truly disturbing situation for you. Thus, it is the COMBINATION of three things that will give life to your claim for negligent infliction of severe emotional distress:
FIRST, is your INJURIES, PLUS
SECOND is witnessing the death scene, PLUS
THIRD is the fear of driving, AND EVEN THE FEAR OF SIMPLY RIDING IN A VEHICLE because you genuinely fear that the death AND HORROR you witnessed will happen to YOU.
Thus, Tcatlin, what you have to do is to make SURE that when you go to the psychologist, you mention the fear you have of being in a vehicle because you are afraid that the horrific scene you witnessed will happen to you.
Now, even before you see the psychologist, you need to make mention to your other injury doctor of the fact you are afraid to ride in a vehicle since you see death images and you are convinced that the same will happen to you.
As for finding an attorney, INSIST UPON one who has successfully handled a claim for negligent infliction of severe emotional distress. Do not try to do the claim yourself for halfway and then hire an attorney. THAT WILL BE DISASTROUS. You need the attorney NOW, and ASAP, so she can help to find a good forensic psychologist who can both heal you and help your claim for personal injuries.
I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
