Should i proceed to seek compensation?

One and a half years ago my daughter and i were camping in a private campground.  During the night a vehicle crashed off the highway and down the hill just missing our trailer we were camping in.  It was a terrible night and it terrified my daughter and i as we heard it coming and could not do anything.  The man at the campground did not even talk to us.  As soon as the police were finished talking to us and we calmed down a little we left.  When we left the man who owned the campground said to us on the way out "got more than you paid for last night huh"....When i returned i wrote to the Creston Chamber of Commerce.  The man answering gave a nice reply.  However since that time both my daughter and i have problems as aresult of it.  We both have trouble sleeping,  any noise wakes us up,  screaching tires brings back all the feeling of that night.  The other day we were camping and a noisy vehicle came into our campground late and it startled and scared both of us.  Should we continue and pursue this? 

Asked almost 9 years ago in 100 mile house, British Columbia
Categories: Municipal Law  Civil Litigation  Personal Injury

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L. John Alexander

Answer by L. John Alexander

VerifiedBritish Columbia lawyer

It is possible, in very limited circumstances, to recover damages for "nervous shock".  It is an exceedingly difficult claim to prove.  You would need to consult an experienced personal injury lawyer.  The facts of your case probably do not support a good case, particularly if you have no other injury or loss. Your claim would be against the driver probably, not the campground.

Posted almost 9 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact L. John Alexander, or search the Lawyer Directory.

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