Can I file a civil lawsuit against a homeowner after PI case with their insurer has settled?

I was injured on private property while delivering landscape materials. I was confronted by aggressive dog, took a defensive step backward and fell off retaining wall resulting in compression fracture in back, TBI and neck injuries.

Asked on July 3, 2017 under Personal Injury, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) If the settlement is stated to be settlement or payment in full for the injury, or if in accepting the settlement you sign anything giving up or waiving your right to sue, they you cannot sue; in these cases, you will have agreed that the settlement is all you get, and such an agreement is enforcable.
2) If the settlement is not payment/settlement in full for the injury, then you may sue after the settlement (read any settlement papers/agreement carefully, to see if this is the case), BUT--
3) You can't double collect; so if the fair value of your injuries is (medical costs, lost wages, reasonable amount for "pain and suffering," etc.) is, say, $30,000 and you received $25k in settlement, you could only sue for the extra $5k you did not already receive.


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