QUESTION
Can I still sue after I have already received a settlement?
Asked on Dec 03rd, 2012 on Personal Injury - Pennsylvania
More details to this question:
Hurt at work and I have already received a settlement. But I think there are things that was over looked.
14 ANSWERS
Steven D. Dunnings
No.
Answered on Apr 11th, 2013 at 1:56 PM
Ronald A. Steinberg
NO!!! You signed a Release. That is it. It is over. You should have done the questioning before. You now have "buyers remorse." Too late.
Answered on Dec 17th, 2012 at 3:57 AM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
Probably not, since I would assume that you had to sign a release in order to get the first money.
Answered on Dec 05th, 2012 at 9:54 PM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
Normally you cannot. In workers compensation, in South Carolina, if our injury gets worse within a year after the settlement, you can file a claim for more compensation based on a change of condition, unless you settled with a clincher. You should ask your attorney if you signed a clincher (or ask the employer's attorney if you represented yourself). Most settlements are with a clincher.
Answered on Dec 05th, 2012 at 9:36 PM
If things were "overlooked" that's YOUR problem. You settled and that's it. Did you have an attorney?
Answered on Dec 05th, 2012 at 8:03 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
Since you mentioned that you were hurt at work, I am assuming this is a workers compensation claim. You may be able to re-open the case, but you will need to show much more than you "think" that there are "things" that were overlooked. You will need evidence that there were injuries or conditions that were not taken into account and explain why you could not have addressed that discrepancy at the time. Or, if the evidence warrants, you may be able to re-open the case on the grounds of "unanticipated worsening". Depending on how the accident happened, you may be able to pursue some other party, such as the owner of the property where the accident happened, or a repair company, janitorial service, etc.
Answered on Dec 04th, 2012 at 2:43 PM
Civil Litigation Attorney serving Aptos, CA
at
Richard E. Damon, P.C.
Update Your Profile
This was presumably a workers compensation case. You can probably go back for more if there are previously undiscovered injuries.
Answered on Dec 04th, 2012 at 2:42 PM
Employment Law Attorney serving Beverly Hills, CA
at
Dordick Law Corporation
Update Your Profile
Doubtful. You probably signed a release or settlement agreement.
Answered on Dec 04th, 2012 at 2:42 PM
In most cases if you executed a release, you can't sue.
Answered on Dec 04th, 2012 at 2:41 PM
Dennis P. Mikko
Once a claim is settled, you cannot go back and seek futher damages on that claim.
Answered on Dec 04th, 2012 at 2:41 PM
Thomas Edward Gates
No, you gave up your right to sue when you accepted the settlement.
Answered on Dec 04th, 2012 at 1:37 PM
That all depends on whether you settled for a full and final or a settlement that left the case opened.
Answered on Dec 04th, 2012 at 1:36 PM
2 Awards
It depends on the circumstance of your case and what you believe was over looked. I suggest you speak with an attorney who can determine if you still have a viable claim to make.
Answered on Dec 04th, 2012 at 1:36 PM
Intellectual Property Attorney serving Long Beach, NY
at
Rosenbaum & Segall, P.C.
Update Your Profile
What you describe is an attempt to set aside a Compromise and Release Agreement. Because the lawyers and Judge take such pains to make certain that you understand all your legal rights under the Agreement before a decision is issued approving, nothing short of fraud will usually be good enough to open up such a settlement. You should consult with a workers' compensation lawyer as soon as possible to ensure that all your legal rights have been protected.
Answered on Dec 04th, 2012 at 1:34 PM