Some states allow a bystander to collect damages for emotional and physical injuries caused by observing a close family member being injured. Attorneys call these claims “bystander claims.” Arkansas has yet to rule on this type of claim, but here at the Bailey and Oliver Law Firm, we always consider this claim when a family member is an occupant of a vehicle and a close family member is seriously injured.
The Supreme Court of Montana has recently held that this type of claim is covered by the striking car’s liability insurance. Other states who have also allowed this type of claim are Alabama, Colorado, Florida, Michigan, Minnesota, New Jersey, North Dakota, and Washington.
If you are in the unfortunate situation of observing a close family member being seriously injured, you should ask your attorney about your bystander claim for emotional and physical injuries.