Do I have any further legal options after I alreadyaccepted an accidentsettlement?
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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 12 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.
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