QUESTION
Can I sue for injuries I got as a result of my original injury?
Asked on Jun 19th, 2015 on Personal Injury - Wisconsin
More details to this question:
Three years ago, I was injured in an auto accident and won a lawsuit for damages incurred in my injury. Now, additional injuries surfaced as a result of my original injuries I was already compensated for. Is there any way to file another lawsuit and claim compensation for the new injuries? My doctor claims they are a direct result of my original injuries.
8 ANSWERS
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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That would be a no.
Answered on Aug 27th, 2015 at 7:14 PM
Ronald A. Steinberg
Only under Michigan law can you go back to the insurance company (yours) to pay for additional medical care. Otherwise, the case is OVER!
Answered on Jun 22nd, 2015 at 8:29 AM
James Eugene Hasser
Probably not. Double check with the lawyer who handled the case. Good luck.
Answered on Jun 19th, 2015 at 5:25 PM
No, your original suit included all injuries suffered as a consequence of the accident, including any future problems. One purpose of the court system is to make a final end to all the issues involved so everyone can move forward. If a judgment or settlement did not result in a finally resolution, then a few years later all plaintiffs could sue claiming further damages and defendants could sue claiming the plaintiff had made a recovery from the injuries they were compensated for. There would be no end to litigation.
Answered on Jun 19th, 2015 at 9:14 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would have to see your release/ settlement. Very doubtful with standard terms.
Answered on Jun 19th, 2015 at 9:01 AM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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Sorry to hear about your reinjury. Once your original injury is resolved or concluded by way of settlement /trial you cannot bring in another action in personal injury forum unless there is a new injury producing event such as a car crash by someone's negligence. Good Luck.
Answered on Jun 19th, 2015 at 9:00 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No, the recovery you got included the potential of this concurrence.
Answered on Jun 19th, 2015 at 9:00 AM
1 Award
Probably not. If you settled the first case, the release certainly stated that the release was for injuries "known and unknown" at the time of the settlement. If you won your original case at trial, all of your damages, past and future, would have had to be presented to the jury.
Answered on Jun 19th, 2015 at 9:00 AM