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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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 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.

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