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Automobile Accident

Birmingham, AL |

I was hit from behind in Shreveport, LA in 2007. I had neck injuries and received a small settlement from the insurance company, less than 3k. Not very smart of me I realize now, but I do not remember if I signed a release stating that the case could never be reopened. I have since had multiple herniated discs and headaches related to the car accident and just recently a anterior cervical fusion. I have had pain in my neck since the accident in 2007 which resulted in the surgery. All of these which I did not foresee to occur. Can my case be reopened and reevaluated or have I exhausted my legal remedies?

Attorney Answers 5


  1. If you signed a release the case would be over, absent a few exceptions ie: fraud or material misrepresentation - or if you were a minor at the time. In any event with the type of injuries you have described, you should definitely consult with a local LA personal injury attorney & explain the entire matter - many attorneys do not charge a fee for initial consultation. I am a California attorney, not licensed in LA or familiar with their laws; statute of limitations etc. call an attorney asap

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


  2. You most likely have not exhausted your legal remedies due to the fact you have ongoing issues that may not have been foreseeable at the time of the initial legal matter and settlement. One main issue you may face is the question of whether you have sustained other injuries since the auto accident which may be the cause of your ongoing issues. You should contact a local Alabama personal injury attorney to discuss your case in detail.

    This answer does not constitute a legal consultation, or definitive answer, nor does it establish a lawyer client relationship. Each case, controversy, or situation is factually different and requires particularized evaluation.


  3. I would be very surprised if you didn't sign a release at the time. Insurance adjusters are usually "pros" at getting the company off the hook as quick as they can. Unfortunately, most, if not all personal injury releases I have seen over my 20 years of practice provide for "unknown and unforeseen injuries and damages" or something to that effect. However, there is always a chance that you didn't sign a release, or that the release was not comprehensive enough to foreclose your ability to reopen your claim. Since the accident happened in LA, I strongly suggest you contact an injury law attorney in LA and see if he/she can help you. Keep in mind that you may also face statute(s) of limitations issues as your accident was a long time ago and most states have fairly short statutes of limitations on auto accident injuries.

    The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law.


  4. If you signed a release then your claim is over.

    Attorney Stacy E. Pepper is licensed in all State and Federal Courts in Mississippi. He is a founding Partner in the law firm of Pepper & Odom, P.C. Nothing posted here constitutes any attorney client relationship and is meant for educational purposes only. Office hours are 8:00 a.m till 5:00 p.m. Monday through Friday. Phone: 601-914-9219 Facsimile: 888-456-2160 www.pepperodom.com

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