An unnamed Miami man is being hailed as a hero after saving two children trapped in a car that landed in the deep end of a swimming pool after a crash, according to reports.
Witnesses stated that the Mazda 3 was struck by an Acura sedan at an intersection when the driver of the Acura ran a red light. The force sent the SUV hurtling across the road where it flipped and landed nose-down in a resident’s pool. The mother, who was driving the car, managed to escape through the sunroof while an unidentified man went through the truck to rescue two children trapped in the back seat.
Fortunately, only minor injuries were reported. There is no word on pending charges against the Acura driver.
What Constitutes Personal Injury?
According to the law, simply being inconvenienced or upset is not enough to entitle a victim to damages in a personal injury lawsuit. There must be a real injury, although that injury may not be physical in nature.
Many people misunderstand the nature of “emotional damage” and believe that anything that is upsetting could be grounds for a personal injury lawsuit. This is not true. However, something that is obviously terrifying and causes emotional turmoil and perhaps even prolonged mental suffering might be grounds for an emotional damage claim. In many cases, the litmus test is whether it is clear that anyone would have been emotionally traumatized at the events and whether there is evidence of suffering after the fact, such as depression, inability to work or the development of a phobia.
In a case such as this one, while the mother and children might not have suffered physical injury, it is quite possible that they could have suffered emotional damage and mental anguish. If that is the case, they could have grounds for a personal injury case against the negligent driver. In order to win such a case, the victims would have to show that the driver was indeed negligent and that they did suffer emotional trauma as a result.
If you believe you have been scarred by an accident, whether your injuries are physical or emotional, contact the personal injury attorneys at Bernstein & Maryanoff in Miami. We are ready to put our years of experience to work in helping you recover monetary damages for your injuries from the negligent person who caused them.