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Can a slip and fall case resulting in suregery and multiple injections and medications be reopened.

Fort Myers, FL |

I had surgery because of this and multiple injections with pain management and medication. i am a nurse and am finding i can no longer be on my feet with excrutiating pain in my hip and back. at the time of the lawsuite being finalized i had just started to recover from the surgery and was on many pain medications and was not feeling how i am now.

Attorney Answers 10


  1. A settlement is just that; put another way, finalize resolution. To overturn would need to show fraud, for example. Did you have an attorney?

    Sincerely,

    Jeff Adams
    845 638 6800
    www.elderinjurylawny.com

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  2. If there was already a lawsuit and the case was settled, then you must have signed a release, which prevents you from bringing any any future claims against that defendant for that particular incident. Assuming this is true, you cannot "reopen" the case. However, if you have health insurance, you can at least obtain any further medical care through that coverage.

    I wish you the best of luck.

    My opinion and position stated above is not determinative of your rights, and you are free to seek other legal opinions. Should you decide to retain a lawyer, you should do so immediately as a statute of limitations may preclude you from bringing the claim in the future. If you are unclear about my opinion or you want to discuss this matter further, please feel free to call me at 305-536-3400.


  3. If the case was settled you most likely signed a release and the claim cannot be reopened even if you are having increased problems related to the injury. It is hard to say if your case is worth more as time has gone by because, I am sure that your attorney argued that you would experience problems in the future. It is hard to get insurance companies to give more money for pain and suffering unless you have substantial medical bills or actual wage loss.

    To be safe I recommend you have an attorney review your file and see if your release was executed properly.

    Good luck.

    AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I provide are for general information only and are NOT INTENDED AS LEGAL ADVICE and therefore must not be relied upon. Legal advice must be based on the interaction between an attorney and client and specific exact facts and the law. I do not retain clients without a signed RETAINER AGREEMENT. The Avvo forum does not allow for the discussion and the interaction necessary to form a complete legal analysis. Therefore the answers given to any specific question would most likely be different if there was attorney-client interaction. The exchange of information through this forum does not establish such an attorney client relationship. An attorney-client relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged nor are they confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and statutory time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in the answers to any question, if you are an interested party you should promptly and personally consult with an qualified attorney for legal advice licensed in the proper jurisdiction. Finally, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.


  4. This is why better practitioners are so careful about settling cases.
    I'm sorry you find yourself in this situation.


  5. It sounds like the case was settled, and you likely signed a release, thus, no.

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  6. Not usually. But the attorney who helped you can help.

    Tim


  7. No! Sounds like you need to ask your attorney why he/she settled your case without knowing the outcome.


  8. Agree with other counsel that if you signed a release, which is the document which typically gives up all (including future) rights to pursue the subject claim in exchange for payment of money, then in most instances you would not be able to pursue that party again. That is, after all, the point of the release: you receive money in exchange for giving up your right to further pursue your claim against the party which just paid you.

    Some releases, however, do contain provisions which permit you to assert your claim against other, unrelated, responsible parties (if any exist, of course). That depends on the facts of the claim, and certainly how the release was drafted.

    DISCLAIMER: We do not have an attorney-client relationship. Only those persons who have a signed written fee agreement and authority to represent with me is an actual client. This response does not form an attorney-client relationship, nor is it intended to be anything other than my educated opinion or viewpoint. It should not be relied upon as legal advice. I recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. Do not act on any information in this response without seeking legal advice from an attorney in your area.


  9. If your former attorney committed malpractice in settling your claim you could have a claim against the attorney. Have your file examined by an attorney experienced in personal injury. Ask the attorney if there is anything that can be done and if it appears there could be attorney malpractice.


  10. If you signed a release of the defendant, you are not able to reopen any claim. That is why it is always advisable to make sure that you are at maximum medical improvement before you settle any claim. People who rush to settle their claims, while still under active treatment, often regret doing so.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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