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?
Nope. Barred by both Res Judicata and the claim preclusion parts of the Entire Controversy Doctrine.
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Personal Injury Lawyer
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Divorce / Separation Lawyer
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.
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