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

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


  2. 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 communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  3. 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. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  4. 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?


  5. 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. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


  6. 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 advice nor is it intended to establish an attorney client relationship. You should seek a consultation either in person or over the phone to discuss any legal issue that you may have raised.


  7. 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 IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.


  8. 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


  9. 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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