I had surgery on back lost job and have constant pain and want to sue the individual now after receiving settlement insurance company. Did not get much and now I'm the one stuck with no job Pain and my 8th surgery. Shes working and fine and I'm trying to start all over again.
No, When you accept a settlement from the insurance company, you have to sign a release which discharges the insured person totally, permanently.
No. Often the questions posted on AVVO are subject to some argument and the attorneys freely give different perspectives. However, a full and final release terminates the case forever. Unless you signed a unique document unlike nearly all of the standard releases accepted by the insurance companies, typical language releases any and all claims including unforseen results from the accident that could not have been known on the date of signing. One of many reasons an injury case should always be handled by an experienced personal injury attorney.
unfortunately, settling a case without knowing the full extent of their injuries and without consulting with an experienced personal injury attorney is one of the mistakes that claimants often make. This is why insurance adjusters worked so hard to get you to settle the case before you speak to an attorney.
also, the release you sign does release the individual who was driving the car that you probably makes reference to "injuries known and unknown."
The video listed below reinforces this answer.
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