I caught a guy on camera and it is recorded him trying to run me over with his own truck on my drive way, he deliberately drove his truck toward me then he slammed on his break as soon as he came inches close to me, then he backed up , it caused me emotional distress and agony, would I be able to sue and win a judgment for emotional distress and pain and suffering from the flashbacks
You may be able to sue and win a judgment for the intentional infliction of emotional distress.
California law on the subject states that, "[a] cause of action for intentional infliction of emotional distress exists when there is ‘(1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff’s suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant’s outrageous conduct.’ A defendant’s conduct is ‘outrageous’ when it is so ‘extreme as to exceed all bounds of that usually tolerated in a civilized community.’ And the defendant’s conduct must be ‘intended to inflict injury or engaged in with the realization that injury will result.’ ” (Hughes v. Pair (2009) 46 Cal.4th 1035, 1050—1051 [95 Cal.Rptr.3d 636, 209 P.3d 963]).
In order to evaluate your claim there is a lot more information needed. For example, what happened before and after the video? How did this altercation materialize? Have you sought medical treatment? What type of treatment? What is the diagnosis?
Also, you should look at your ability to collect from a potential judgment. Does the individual have assets that can be collected from? You may want to seek out a free consultation from a qualified attorney to evaluate your claim.
John Lawrence Gorman IIIPersonal Injury LawyerModesto, CA ·
The other attorneys above have given you a correct statement of the law. The big problem you have is that it doesn't appear that you have any kind of physical injury. It's tough for a jury to evaluate emotional distress without physical injury. Did you seek psychological counseling? Did you have any physical symptoms as a result of your distress? What was the cost of any treatment that you received? All of these factors are to be important in determining whether or not it makes economic sense to bring your case. Yes you have a case and yes the law does allow compensation for it but whether it's practical to bring the case or not it's going to take an in-depth review of the factors including those I've mentioned above.
One other thing you need to know is that insurance is forbidden to pay for any"intentional" acts. Therefore like one other lawyer about said there will be no insurance coverage and you're going to have to figure out whether you can get the money from the person you're suing. Remember if he hasn't filed bankruptcy in the last seven years he could just file bankruptcy and defeat your claim.
