Is it possible to sue again regarding a personal injury settlement?
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Is it possible to sue again regarding a personal injury settlement?
I was in a car accident 8 years ago that changed my life. While the
settlement was done when I was underage, I didn’t have much to say. When
I grew I found out that many of the things I still suffer from happened
because of the car accident and I have medical evidence to prove so. Is it
possible to sue again on behalf of the damages that happened because of
the car accident even after settlement was paid?
Asked on February 22, 2016 under Personal Injury, New York
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You cannot sue again on the same claim. When the case was settled, a release was signed releasing the at-fault party from liability. In order to receive the settlement check, the release is signed to prevent a future lawsuit against the same party in the same matter.
The medical report should have estimated the cost and necessity of future medical treatment with the cost discounted to present value. That should have been included in the settlement. Whether or not that was included, once the case has been settled, that ends the matter as discussed above upon signing the release and receiving the settlement check.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Almost certainly not, unfortunately:
1) The settlement agreement almost certainly contained language that it was in settlement of all claims; such language is common and enforceable.
2) Even without such language, the law generally requires all claims arising out of a single accident or event to be brought at the same time, and precludes a person (such as under the doctrine of "res judicata") from later bringing another lawsuit about the same matter.
3) The statute of limitations, or time to bring a lawsuit, in your state for injuries from a car accident is only three years, so it also appears to be too late to bring another claim.
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