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Can i reopen a car accident case if i am experiencing pain five years after the accident

Salisbury, MD |

April 2005, rear ended, whiplash, went to chiropractor... settled... 5 years later shoulders still hurt

Attorney Answers 3


No. When you settle with an insurance company, they have you sign a standard release. Standard release language indicates that you agree, in exchange for payment of the settlement funds, that you waive your future right to make a claim or sue for any and all claims associated with that incident, including claims unknown at the time of the signing or for the worsening of or for unknown future medical effects from the injury. The purpose for such release language is to provide for certainty and finality in the transaction.

My accident case clients always walk out of my office in the end with a copy of their signed release and the disbursement sheet, indicating where all of the money went. You should have these documents too. Find the release and read it. If it does not have the above language, I'll be shocked.

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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Assuming that your settlement agreement settled all claims, you cannot file a claim now, even if you are experiencing pain that you did not have then. Also, the statute of limitations is generally for 3 years on a tort, so that would probably bar your claim.

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Your questions is not clear but the answer is generally no. It is not clear if you filed a claim previously. If yes and you settled then it is generally too late. If you did not settle then you may be barred by the statute of limitation. However, there are exceptions to the rule on the statute of limitations.

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