Hello my name is Dorothy Hansen. I live in Sacramento, California. I was a passenger in a vehicle in a fast food drive thru when the lady behind us hit us last night. We were stopped and she ran into the back of us. I was not physically injured. But as a result I had a anxiety attack / panic attack after she hit us. We believe she was texting and not paying attention. The first words out of her mouth were " how much damage was done to my car". She wasn't concerned about anyone or anything except for the damages to her car. After the accident I had to take Valium to help calm me down, which is prescribed to me by my psychiatrist. The impact and the sound from her hitting us brought back the horrific event that I suffered years ago. I have previously been diagnosed with PTSD, anxiety, and depression from a fatal car accident that I was in many years ago. In which my brother-in-law was killed. I am and have been seeing a psychiatrist for these issues. Do I have a case for mental or emotional distress? Any help would be greatly appreciated. I look forward to hearing from you soon. Thank you
Although you may technically have a claim, the likelihood of being able to recover enough money to make it worth the legal costs and fees is small. It seems unfair, but the fact that you were already receiving medical treatment for PTSD and being prescribed medication for it means it will be difficult to prove any additional damages. You will probably have a difficult time finding a lawyer to represent you, and, practically speaking, it is likely not worth the time, expense, and added stress of trying to represent yourself. Good luck.
In theory yes, in reality no. Unless you suffered a very serious set back and incurred thousands in bills for treatment the case would be extremely hard to bring. The problem is that the insurance company and their defense attorneys (because no insurance company would pay a thing without suit being brought) would make your life for the next two years very troubling. They would stick their noses into your medical condition back to birth and then question you, your treatments, your doctors and where the accident even happened and I'm not kidding. Best to do is to deal with this and speak to your doctor. Good luck.
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1. Assuming that the automobile accident occurred in the State of California, in which city and county did the automobile accident occur in?
2. Was there a police report made/filed?
3. So the automobile accident occurred on July 27, 2017, correct?
You do technically have a case. However, if you have not had a serious aggravation of your condition, then you do not have significant damages. If your condition is aggravated (made worse) then your case is better. If you only suffer the one panic attack and then return to baseline, I would recommend you try and settle directly with the insurance company. If you cannot reach a settlement, you can go to small claims court. If your condition gets worse, then you should consult with a personal injury attorney.
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