Skip to main content

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

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. 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.

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

  3. 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
    Facebook: (Follow by clicking the "Like" button")

    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website:

  4. NO

    Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship. There are always specific facts that are important for an attorney to review before providing advice to a Client. In no way should you rely on the response provided herein to conduct your legal affairs on your own. You should always hire an attorney before you rely on advice provided.

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

  6. 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" to your questions.

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics