QUESTION
Can my boyfriend be compensated for injuries that are a direct result of his older auto injuries?
Asked on Jun 19th, 2015 on Personal Injury - New York
More details to this question:
If my boyfriend sues, can he get new compensation? In 2014, he got hurt badly in a car collision. We went to court and won a lawsuit for the injuries. Last week, the doctor told us that my boyfriend has new injuries that are a result of the original injuries, for which he already received compensation.
9 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
The part of the case that resulted in winning in court is over. Under Michigan law, the portion of the case that relates to medical bills remains open for life. However if you do not live in Michigan, you probably are out of luck. Why don't you talk to the lawyer that helped your boyfriend initially?
Answered on Jun 22nd, 2015 at 8:30 AM
James Eugene Hasser
No; but double check with the lawyer that handled the case. Good luck.
Answered on Jun 19th, 2015 at 5:25 PM
Edwin K. Niles
If you have already had a suit, it is probably closed.
Answered on Jun 19th, 2015 at 5:09 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Most often, the first judgment is conclusive as to his damages. In a court trial, a victim is entitled to present evidence about future damages, and the jury or judge can take that into account in fixing an award. If the matter is settled between the victim and the other party's insurer, the language of the release almost always says that the victim releases all claims, known or unknown, in return for the payment. If there is a release, read it with care. Presumably your boyfriend's lawyer went over the release with him before he signed, so in all probability he knew that he was signing away all claims. Good Luck.
Answered on Jun 19th, 2015 at 11:02 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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98% he will not be able to recover unless there was a provision or later incurred medical expenses.
Answered on Jun 19th, 2015 at 9:37 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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It is unlikely that there can be any "new" money obtained if the previous case, from which those injuries derive, was already litigated. Your boyfriend would want to ask the attorney who handled the case for him and any Judgment and/or Release would have to be reviewed to see if there are any grounds for making the claim about which you ask. In MI No Fault Benefits for medical care and treatment are available for life, so it is likely that the medical treatment relative to the "new" injuries will be covered by your boyfriends own vehicle insurer.
Answered on Jun 19th, 2015 at 9:35 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Let him know that he already asked this question and that I answered it.
Answered on Jun 19th, 2015 at 9:33 AM