Visitor Question

Settlement for PTSD After Getting Hit by a Car…

Submitted By: Rosemary (Santa Rosa, California)

I was hit by a car while in a crosswalk. I suffered no real significant injuries, mostly soft tissue but I am having issues with post traumatic stress disorder (PTSD). I am only 19 and my mother says I will probably suffer from PTSD for a very long time.

We are ready to settle. My medical bills came up to $1,300. They are offering to pay my medical bills and give me $4,000.

Is this a reasonable offer? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Rosemary,

With the limited information you have presented it’s difficult for us to tell if the offer is reasonable. Certainly if you suffer from Post-traumatic Stress Disorder the diagnosis and prognosis of a psychologist or psychiatrist would be a very important factor in the determination of injury and fair compensation.

If you’ve been diagnosed with Posttraumatic Stress Syndrome and will continue to suffer from it for a long time, the amount of $4,000 dollars seems quite low. There is a difference though between your mother believing you are a victim of Posttraumatic Stress Disorder and a professional diagnosing the disorder.

To recover any substantial amount for such a terrible disorder its existence will have to be well-documented. That determination usually presents itself in a medical or psychological diagnosis and prognosis.

We certainly think if you’ve been so diagnosed it would be in your best interest not to settle the case until such time as you visit with a local Personal Injury Attorney.

Skilled Personal Injury Attorneys do not charge for initial office consultations. If, after visiting with a personal injury attorney you decide to follow her advice and retain her to represent you, you will not have to pay any money until, and unless the attorney either settles your case, or it’s won at trial.

Be very careful. There is a 2 year Statute of Limitations for a civil lawsuit for personal injury cases. This means you have 2 years from the date of injury to either settle your case or file suit. If you miss that date you will lose all rights to recover compensation for your injuries.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 7, 2011

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