Is my husband entitled to a settlement ?

UPDATED: May 27, 2009

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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


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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