When your wife settled her claim with Wal-Mart, she almost certainly signed a release at that time giving up her right to any claim against Wal-Mart in the future.
This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship. To get legal advice, consult an attorney in your local area or the area where the issue is located. It should not be relied upon as legal advice. The response is based on the limited facts provided, and without any independent investigation of the author. Given additional or different facts, the response would likely change. The attorney providing this response is licensed in Pennsylvania and New Jersey, and you should contact an attorney in your jurisdiction if it is outside those jurisdictions.
It appears that your wife reached a full and final settlement in respect to her accident. I am assuming that Walmart had your wife sign a release agreement. Thus, your wife would be unable to seek additional relief from Walmart for this accident.
Once you settle with Wal-Mart -- AND SIGN A RELEASE -- you are done with Wal-Mart.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
A release is a legal document that, like other such documents, should be reviewed by an attorney prior to signing due to the fact that it's significance is far reaching. With very few exceptions, a release is eternal. Here is an article on the subject:
Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
A settlement relesee likely bars any claims bit have an attorney double chem the language of the release
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Your question at one point suggests that your wife has already signed a settlement and then the latter part of your posting seems to indicate you have not finalized a settlement. Which is it? If you have signed settlement documents and provided them to Walmart, the matter is over.
If you have not signed settlement documents, I suggest discontinuing conversations with Walmart and proceed to find a PI attorney who will handle a herniated back case. Almost all will.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
This ans. does not create an attorney/client relationship.
Normally signing a release ends your case. I would be interested in exploring your case further. If the right kinds of mirepresentations were made, I would be interested in trying to have the release voided. It is difficult and we might lose, but with the injuries your wife sustained, it is worth exploring provided you are located in the southeasern Pennsylvania area..
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