Is my husband entitled to a settlement ?
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Is my husband entitled to a settlement ?
Hi ,,, my husband has just gone back to work after being injured on his job. He does not have an attorney and his claim was handled very well by the insurance company so he didn’t find it necessary to contact an attorney. My question is if he is entitled to some sort of a final settlement – he had foot surgery and is still in pain and has disabilities from this surgery. Thanks for your help !
Asked on May 27, 2009 under Personal Injury, Nevada
Answers:
J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
The question is whether your husband signed a release in exchange for accpeting the settlement for his injury. Was it a worker's comp claim or was the claim against a third party (i.e. not the employer)? Based on your question, it appears that your husband accepted the settlement and release the employer or entity responsible. This means that your husband agreed to accept the money as compensation for all present past and future pain/compensation. As such, there is no way for your husband to get more money or treatment paid for by that party. I do not know why your husband felt he could deal with it himself, but he should have at least spoken to a lawyer beforehand. i would show a lawyer the documents he signed and get an opinion as to whether he signed a valid release of liability.
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