Can I sue an insurance company after settling?

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Can I sue an insurance company after settling?

I was in a very bad car accident. My tongue was split open and I had to receive stitches. When the insurance guy came to my friend’s house I was under the medication the doctor gave me. So when I signed the settlement paper I didn’t know what I was doing. Now my tongue swells up. I have no feeling in it and also my taste buds are gone. I have a big ball of tissue in my tongue and I would like to know what I can do?

Asked on April 22, 2012 under Personal Injury, Pennsylvania

Answers:

Barry J. Simon / The Law Office of Barry J. Simon

Answered 9 years ago | Contributor

What kind and dosage of medication were you under at the time you signed the release? How much was the PI settlement? How long ago did you sign the release? I would need answers to these and more questions to advise you appropriately.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the settlement you signed was only for property damage to your car, your personal injury claim is a separate matter and would still be active.

If the settlement you signed  was for your personal injury claim, you received a settlement check and signed a release.  The release means that you have given up your claim against the other party in exchange for the settlement and cannot file a lawsuit in the future against the at-fault party. Unfortunately, after accepting the settlement check and signing the release, it would be very difficult to prove that you were under the effects of medication and didn't know what you were signing.


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