I have permanent scars from incident, headaches, fears. I got a large settlement, could have been more. It all had to due with custody of our child. It has been 10 years and I cant work. Can I re sue him?
Employment / Labor Attorney
While I agree with my colleagues, you should contact a California attorney. You refer to the abuser as your "ex" so it would be important to determine whether your "settlement" was for your dissolution and/custody or indeed for a civil lawsuit. Second, if no civil lawsuit was brought, a Californa attorney would be able to perform an analysis of whether the Statute of Limitations has been tolled in any way. Don't give up - but get some advice. Most of us will be more than happy to provide a free consultation to look at these issues.
6 lawyers agree
No, not likely.
First of all, your claims would be barred by most statute of limitations.
Secondly, the settlement of your prior lawsuit most likely would have encompassed all of the claims which you had or could have had against him. Take a look at your settlement agreement to ascertain if contains a waiver of California Civil Code section 1542.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
11 lawyers agree
Personal Injury Lawyer
you can not sue for damages that were encompassed by the prior lawsuit. Additionally, as you "settled" the prior suit, it more than likely was finalized by a settlement agreement that included a release of any and all claims that you did have, or might have had, up until that time. In short, unless he caused you a "new" injury since the date of that settlement, you have gotten what you could have gotten.
8 lawyers agree
Criminal Defense Attorney
You cannot sue someone for the same damages twice. The law needs finality. To put it in human terms, no person old ever feel secure if they were subject to relitigating the same act over and over. It is, at the heart of it, a matter of due process.
That said, you should meet with an attorney to review your settlement and determine just what the subject of the first suit was, and what was encompassed by the settlement. I would be wary of getting your hopes too far up.
5 lawyers agree