Girlfriend hit by car while walking across a street. She sued the driver, new damages have arisen, can she sue the driver again

Asked 8 months ago - Bloomfield, NJ

My girlfriend was hit in the back by a car while she was walking years ago. X-rays were taken and they concluded there was no damage to her spine or head. She sued the driver for getting her 2 front teeth knocked out and the trauma she went through in school for this. It has been 5-6 years since then and now she has been in tremendous pain and can barely get through the day without crying and being unable to move. X-rays now show her neck no longer has the curvature it needs and is beginning to straighten out. Which is something that can happen from getting hit by a car. Her physical therapist also noted most of her bones on her back (she is now 18) have grown in misaligned and out of place. Is there any way she could sue the driver again for these injuries?

Attorney answers (9)

  1. Dean P Murray

    Contributor Level 18

    12

    Lawyers agree

    Answered . Nope. Barred by both Res Judicata and the claim preclusion parts of the Entire Controversy Doctrine.

    ------------------------------
    The Murray Law Firm
    50 Harrison Street, Suite 310F
    Hoboken, NJ 07030-6151
    T: (201)875-2600
    W: http://www.MurrayLawNJ.com
    Facebook: http://www.facebook.com/MurrayLawNJ (Follow by clicking the "Like" button")
    Twitter: http://www.twitter.com/MurrayLawNJ

    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You... more
  2. Jonathan S Rudnick

    Pro

    Contributor Level 11

    10

    Lawyers agree

    Answered . No. Its is called the entire controversy doctrine. One lawsuit, all claims against all parties. I am also sure that the release that you signed prohibits this later lawsuit.

  3. Shoshana Kunin-Leavitt

    Contributor Level 15

    11

    Lawyers agree

    Answered . No. Not if the case has resolved, whether by settlement or verdict. Once the case is over it is over.

  4. Raymond Andrew Grimes

    Pro

    Contributor Level 17

    6

    Lawyers agree

    Answered . NO

    Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship.... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . No

  6. Leo M. Flynn

    Pro

    Contributor Level 8

    4

    Lawyers agree

    Answered . No. The case was resolved.

  7. C. Donald Briggs III

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . She cannot sue again. You cannot sue a second time.

  8. James P Brady

    Contributor Level 14

    2

    Lawyers agree

    Answered . No

  9. Lee Alan Thompson

    Contributor Level 20

    3

    Lawyers agree

    Answered . Nope, you only get one shot at this things. Too bad it ended when it did. In Ohio, the statute of limitations would have extend to age 20 for her and the case potentially would still be open.

    Attorneys on Avvo donate their time and your feedback is appreciated. Be sure to mark the "Best Answer" or Helpful"... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,940 answers this week

2,817 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,940 answers this week

2,817 attorneys answering