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.
Personal Injury Lawyer
A settlement is just that; put another way, finalize resolution. To overturn would need to show fraud, for example. Did you have an attorney?
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Personal Injury Lawyer
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.
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.
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This is why better practitioners are so careful about settling cases.
I'm sorry you find yourself in this situation.
It sounds like the case was settled, and you likely signed a release, thus, no.
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Car / Auto Accident Lawyer
Not usually. But the attorney who helped you can help.
Personal Injury Lawyer
No! Sounds like you need to ask your attorney why he/she settled your case without knowing the outcome.
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.
Personal Injury Lawyer
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.
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.
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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.
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