What are my rights regarding a re-occurring injury?

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What are my rights regarding a re-occurring injury?

Several years ago I broke my wrist at a business; its liability insurance covered it. I had issues with it and had to have surgery. It has never been right. It has hurt ever since, but I had just learned to deal with it. Within the last week something happened to it. I didn’t do anything different, all of the sudden it just had severe pain, it’s swollen and purple and I can barely move it. The initial injury occured about 13-14 years ago. Would the insurance still cover this since it is from the same injury and was never really “fixed” in the first place?

Asked on August 14, 2013 under Personal Injury, Indiana

Answers:

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

Answered 8 years ago | Contributor

When you received a settlement from the insurance carrier for the business, you signed a release by which you gave up your claim. You released the business from liability in order to receive your settlement check.  You can't go back to the insurance company now and ask for additional compensation because the case was settled and you signed a release of liability.  If your medical reports in the initial case indicated that you would need future treatment, the amount of your original settlement should have included compensation for that discounted to  what was present value at the time of the settlement.  You can't go back now and ask for more money because as mentioned the case was settled.

If the case had not been settled, it would be too late now to file a lawsuit because the statute of limitations has expired.


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