If Iwas in a car accident and had to get plastic surgery on my face and now12 years later I’m still having pains and can’t work, canI open a new lawsuit?

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If Iwas in a car accident and had to get plastic surgery on my face and now12 years later I’m still having pains and can’t work, canI open a new lawsuit?

Asked on November 21, 2011 under Personal Injury, Michigan

Answers:

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

Answered 10 years ago | Contributor

Unfortunately, you will NOT be able to file a lawsuit at this time.

If the case was settled with the insurance company years ago, in order to accept the settlement check, you signed a release of your claim against the other party.  By signing the release, you have given up your claim against the other party and can't go back to the insurance company afterward to request additional compensation.

If the case was not settled with the insurance company years ago and a lawsuit was filed and resolved, you can't sue again on the same claim.

If the case was not settled with the insurance company years ago and no lawsuit was filed, it is too late to file a lawsuit now because the statute of limitations in your personal injury case has expired.  When the statute of limitations expires, your claim is then barred.


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