Can I refile a previous lawsuit with Montlick & Associates or another lawyer after I have already recieved my settlement?

Asked over 1 year ago - Columbus, GA

In June of 2010 my daughter and I were hit by a drunk driver. It was a head on collision. I went through the windshield and every bone waist down was either broke or dislocated as well as head injuries. Shortly after recieving my settlement I began having seizures and serious knee and ankle complications due to the accident. I was in a wheelchair for 3 months and on crutches an additional 3 months. I only recieved $20,000. The originally settlement was set for $250,000. I was told in order to speed up the process I should agree to the $20,000. I was only 16 years old at the time. I went through and am still going through serious PTSD, pain, and am having seizures caused by my head injury. I feel I was inadequately compensated simply due to the extent of my injuries.

Attorney answers (9)

  1. Glen Edward Ashman

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . Probably not, but see a lawyer other than the one you used (immediately) to look things over.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  2. Jonathan P. Sexton

    Pro

    Contributor Level 12

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    Answered . If the net settlement to you was over 10,000.00 then probate court approval is required in the state of Georgia. You may have recourse if the insurance company did not obtain probate court approval first. Did your parents agree to a structured settlement? Perhaps that is why the amount was so low. At any rate, the first place you should start is the probate court in the county where you resided at the time the settlement was reached. You should consult with a local attorney who might be able to help you with this.

    The above is just my opinion based upon the limited facts provided. It is not intended to be offered as legal... more
  3. Daniel Nelson Deasy

    Contributor Level 20

    10

    Lawyers agree

    Answered . Highly unlikely, but check with a local personal injury attorney and bring a copy of the release you signed when you settled.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  4. Kevin Coluccio

    Contributor Level 20

    9

    Lawyers agree

    Answered . Not likely, but have the matter reviewed by an attorney.

  5. Andrew Daniel Myers

    Contributor Level 20

    9

    Lawyers agree

    Answered . Settlements for minors can present problems. In both of my jurisdictions settlements of more than a minimal amount must be court approved. Find an attorney ASAP in your jurisdiction willing to investigate exactly what happened. Was the policy 250? With such substantial injuries and clear liability why did you end up with $20K? Where did the money go? Who approved the settlement? The answers to these questions might (or might not) make your case the very rare exception to the rule that a release is a full final termination to a case. [Click Blue Link Below]

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . This question is a little unclear. What do you mean the settlement was set for $250k? Was this what your lawyer was demanding or an offer on the table? Please clarify in your question, as I don't know why you would take 20k instead of 250K?

  7. Sam Louis Levine

    Contributor Level 14

    6

    Lawyers agree

    Answered . OMG. I feel very bad for you as one human being to another. On the injury claim, it sounds like you are out of luck since you settled the case and I assume you executed the release, which equals the claim is over notwithstanding a possibly stackable um claim, but you would have needed to execute limited release in order to preserve any um claim.....I am very familiar with the pain & treatment issues you are going through and if you want to talk, please let me know or contact another one of the very fine attorneys on this forum (all of whom are very caring and smart people who like helping people). Either way, good luck.

    Sam Levine, Esq.
    (404) 303-8875

  8. Charles K. Kenyon Jr.

    Contributor Level 19

    6

    Lawyers agree

    Answered . You should have this reviewed by a local personal injury lawyer.

    Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for... more
  9. Lars A. Lundeen

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . If I understand correctly, you were 16 years old and had a baby and the both of you were involved in a car accident where the purported settlement was for $250,000, but you received only $20,000? It seems like there is a great deal of information which you have not told us about. Settlement of any minor's claim usually requires approval from a court and the placing of the minor's funds into safekeeping under the watchful eye of a guardian and the probate court.

    I suggest that you meet with the attorney who originally represented you and your child and find out exactly what happened with your claim and your money.

    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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