Q: can my son be compensated for developing fear of driving. because a women hit him and totaled his car?
My son had epilepsy and could not drive, until 2011, when he had major brain surgery and began to be self-reliant, getting a driver license and a car. He could now take care of himself. 8 months ago an elderly lady hit him in traffic,TOTALLING HIS CAR which caused injury from seat belt and airbag . He never got another car. Prior to the accident ssi paid disability to my son because of anxiety and not being to function at a regular job.
since the accident , when he rides in a car he becomes nervous and has anxiety attacks. He can not drive and he must be taken every where he goes. Does he have a case for pain/suffering for being unable to drive?
A:
He should do what he'd want to do anyway--follow up with a therapist for PTSD, and at the same time document his injuries by following up with a doctor. He should speak with a member of the Fla. Trial Lawyers Assn--they give free consults. THe answer to your question is yes...but. Generally psychological reactions to accident scenarios are common but most adjusters and jurors don't give much for them unless it's truly horrible--got a decent award for a young man who was being chased by a crazed driver in a truck.
As to therapy, he might want to look for a therapist who does EMDR therapy--google psychology Today,EMDR, name of your town. It's been found to be very effective, and if it isn't going to work he'll know it after a couple of sessions.
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