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If i was injured and have a herniated disk and want to sue again and havent been able to work for years can i get loss wages

Toledo, OH |

i was hit by a car rideing my bike on the sidewalk and still to this day i suffer, i can only stand up 10 to 15 minutes washing dishes and still cant finish them all at once cause i get severe pain, how much could i get cause this happened around year98 and ive suffered every year since then. i only got 25 thousand for that case.who would be the best lawyer to help me for this and get me a huge load of cash cause i really do need the help.i was also in 2 other accidents after but only sprained my wrist from one but that got better, when i got in the first accident i flew off my bike and landed on my back ive had mri done i also use to go to physical therepy but that place shut down and i havent seen anyone since, i went to a doctor about a year ago and got some pills but the pain keepson

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Attorney answers 3


The answer to your question is that no attorney can help you with a 1998 accident that you have already settled. You indicate that you "got 25 thousand". That indicates that you either signed an insurance company release or the case went to final judgment in court.

Insurance company releases include language stating that the settlement is a full final termination of the matter forever even including effects of the injury that are or may be unknown at the time of the accident. Releases are rarely if ever overturned and only then on extremely rare specific evidence of fraud.

If the case went to judgment, the time for appeal ran out long ago.


We fight releases and win on the theory is that a person cannot release an unaccrued claim. For example, if a railroader settles a claim with his railroad employer to fight asbestosis (benign scarring in the lungs), the railroad often requires language stating that the railroader accepts the money with the understanding that lung cancer is a natural progression of asbestosis. If the railroader signs off and takes the money, and then later develops lung cancer, we will aggressively fight that old release. In Texas, we say, "You can't sell it if you don't have it." We rely on a U.S. Supreme Court opinion (that relied on a Texas Supreme Cout case) that says that asbestosis is a separate injury/disease and, thus, a separate actionable claim. See Norfolk & Western Ry. Co. v. Ayers, 538 U.S. 135, 153 (2003) (citing Pustejovsky v. Rapid-American Corporation, 35 S.W.3d 643, 653 (Tex. 2000). Asbestosis is a latent disease that often manifests symptom 10 - 30 years after the exposure. Often a person gets an asbestosis diagnosis and never gets lung cancer. If they later develop lung cancer, we will fight for them. I am have handled many herniated disc cases, both acute (like a wreck), and also cumulative trauma (such as from years of use of vibratory tools). Asbestosis later turning into lung cancer seems a lot stronger than alleging a new and separate injury if you knew you had an acute herniated disc in 1998. The statute of limitations defense may also bar you claims. Without carefully reviewing your entire file, including the claims file, your file, your lawyer's file, the release and/or judgment, I suspect few lawyers will be willing to take your new case on a contingency fee. Good luck.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


Ohio has a two year deadline by which you had to file suit within two years of your injury or your claim would have been lost forever. If you settled for $25,000, that may well have been the reasonable value of the claim at that time. Unfortunately, your medical conditions have worsened over the last 14 or so years. When you settled your first accident claim, you would have been required by the opposing insurance company to sign a full and final release of any and all claims in exchange for receipt of the $25,000. It would appear from the facts you state that you can not go back and get more monies. Check with a local PI attorney to be sure, but you may have to seek other forms of compensation such as Social Security Disability if you are not longer able to engage in gainful employment.

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