Do I have any further legal options after I alreadyaccepted an accidentsettlement?

Get Legal Help Today

 Secured with SHA-256 Encryption

Do I have any further legal options after I alreadyaccepted an accidentsettlement?

I was involved in an accident several years ago that not my fault. I was injured and hired an attorney; I was also evaluated and treated by a doctor. I was told there was only soft tissue damage that would heal, so I settled. Still I had trouble. Finally went to a neurologists a couple years later and found I have 2 pinched nerves that cause me an array of problems to this day. Do I have any legal options now?

Asked on May 24, 2011 under Accident Law, Louisiana

Answers:

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

Answered 10 years ago | Contributor

Unfortunately, you won't be able to seek additional compensation from the other driver or the other driver's insurance carrier because when you accepted the settlement you signed a release.  In order to receive a settlement, you gave up your claim (release of liability) against the opposing party.  You cannot sue again on the same claim.  You cannot go back to the insurance company and ask for additional compensation since the case has been settled.  Sometimes the amount of a settlement can provide compensation for future medical treatment discounted to present value; for example, when the medical reports indicate that future treatment is anticipated or will be necessary.

If the doctor who treated you for the auto accident injuries missed the pinched nerves, it is possible that you may have a malpractice claim against that doctor; however, depending on how many years have elapsed since you became aware of the pinched nerves, you may have missed the statute of limitations for filing a malpractice claim against the doctor. 

 

 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption