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.
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.
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.
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.
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.
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