At-fault driver lost her case against me — now she's coming back for round two??

The anxiety you're describing after an intersection crash is SO real and so common, and I hate that people don't talk about it more. I went through something similar — wasn't hurt badly physically but for months I'd white-knuckle it through any light where I was first in line. It absolutely counts as real harm. Document everything you can about it.

Not legal advice, but the concept you're looking at is called a counterclaim, and yes, in many jurisdictions you can assert one — especially psychological/emotional distress if it's documented. The prior fault finding also raises potential res judicata or collateral estoppel arguments that your attorney should be raising to get this second suit tossed quickly. Definitely loop your lawyer in on the anxiety piece too — that matters.

I worked claims for years and a second suit after a full liability determination is pretty unusual — honestly it might be a desperation move or she has a new attorney who thinks they found some angle. Either way, from the inside, what we always flagged in situations like this was whether the claimant had documented any new evidence since the first case closed. If she doesn't, this likely goes nowhere fast. But don't get comfortable — show up and respond to everything.

When the first case resulted in a fault finding against her, your attorney should be filing a motion early in this new case arguing it's already been decided — that's basically what collateral estoppel is for. It's designed to prevent someone from re-litigating issues a court already ruled on. This doesn't mean you ignore the suit, but it does mean there are tools to shut it down before it drags on forever. Also yes — start a journal about your intersection anxiety now if you haven't. Dates, situations, how it affects you. That documentation matters if you do pursue anything.

Please don't brush off the anxiety as just stress. What you're describing — the panic response specifically tied to a place or situation that was traumatic — that can be a form of PTSD or acute stress response. It's worth talking to your doctor or even a therapist about it, both for your own wellbeing AND because having a clinical record of it strengthens any claim for psychological damages.

Two things: 1) Stop being the 'reasonable one who lets things go' — you got hit, you have real ongoing effects, and you're entitled to pursue that. 2) Get everything in writing with your attorney about the counterclaim option before this new case gets too far along. Don't wait.

Quick question — did you actually go see a doctor or therapist at any point after the accident for the anxiety, or is this the first time you're putting it into words? I'm not doubting you at all, but the strength of any psychological damages claim is going to depend heavily on whether there's any medical trail. If there isn't one yet, that's where I'd start before anything else.