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The Law & You

My Son is Terrified to Drive Following a Car Accident. Is there a Case?

The Law & You
February 15, 2018

The Law and You

My Son is Terrified to Drive Following a Car Accident. Is there a Case?

A viewer says her son is afraid to drive after flipping his car multiple times. Is there a personal injury claim? Pennsylvania car accident lawyers Greg Fellerman and Ed Ciarimboli tackle this question.

Dave Kuharchik: We’re talking about an injury in a crash today for this edition of “The Law & You.” Back with us are attorneys Greg Fellerman and Ed Ciarimboli. Guys, Valentine’s night, good for you?

Ed Ciarimboli: Oh, it was great. We had a terrific time.

Greg Fellerman: Excellent.

Ed: What’s up with the weather, seriously?

Dave: It’s the winter of ups and downs. We’re all over the place.

Ed: It’s nuts.

Dave: Our question today is kind of wild, too. Let’s get to it. This is from Kara in Dunmore. Kara says, “My son was involved in a terrible crash that caused his car to flip multiple times. Fortunately he was not terribly injured but he is terrified to drive and has not been able to drive since the crash. Can we make a claim for him?” What can Kara do here?

Ed: Well Kara, you can make a claim on his behalf for a psychological injury. They’re tough to prove, though. He’s got to treat, he’s got to make sure this is documented, and he’s got to make sure he’s having some type of physical manifestation of this psychological injury; That he’s having anxiety while he’s driving or that he can’t sleep at night or that he’s constantly worried about this. That this particular incident is having some impact other than that he just doesn’t feel comfortable getting behind the wheel. Can you make a claim? Yes, a straight psychological claim can be hard to pursue.

Greg: Yeah, but she said there were some physical injuries which would help put that together with the psychiatric claim. The issue becomes, you really need to treat. Especially with these psychological claims you have to get to a psychiatrist, document it, counselor -if they prescribe medication, take it. Do what you’re supposed to do. At the end of the day, you’ve got to convince twelve people that this really caused you a psychological injury. It’s not a broken bone, it’s not a scar, you can’t see it.

Ed: You can’t see it. The cases that are the most difficult for us to present to a juror are the ones that you can’t see. That doesn’t necessarily mean that they are impossible to prove, but you’ve got to be able to show, and when we say show it, you’ve got to be able to show it through the documentation that these are the real legitimate problems that you’re having.

Dave: If you have a legal issue or a crash and you need to talk to an attorney, you can call the guys, check them out online. Don’t forget results matter with attorneys Greg Fellerman and Ed Ciarimboli. Thanks guys.

Ed: Thanks Dave.

Dave: and “The Law & You” hotline are there for you.

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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