What legal recourse can I take if I have discovered an injury sustained from an automobile accident after the trial has taken place and the defendant was found guilty?

Asked on November 11, 2013 under Personal Injury, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the trial was a civil suit and if you had sued the defendant, then you are most likely limited to whatever you were awarded by the court as a judgment--once you get a judgment, you cannot go back for more. The doctrines of res judicate and/or collateral estoppel would preclude you from seeking additional amounts.

If you however were not a participant in the case you mention--if either it was a criminal trial, or it was someone else's lawsuit--then you could sue for this injury.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.