QUESTION
i filed civil suit and got a small settlement can i bring them to small claims as well
Asked on Mar 04th, 2014 on Head and Spinal Injuries - Virginia
More details to this question:
i was walking by a store and slipped off the curb that was messed up and got hit by a passing car. now i have a traumatic brain injury but had a very small settlement because i had a .13 alcohol and my lawyer said all they had to prove was i was 1% wrong....is that right ! they chose because of my blood to settle out of court and after the bill that were left and paying my lawyer i got very little 4 this 5yr wait can i bring them to small claims court for pain and suffering or punitive damages because the curb i slipped off of was damaged and painted over-its in the police reports and pictures
1 ANSWER
Workers Compensation Attorney serving Richmond, VA
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Gerald G. Lutkenhaus, Attorney at Law
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If you settled your personal injury claim, then you are precluded from filing it again. Due to your alcohol content, your attorney probably felt it was too risky to go to court and risk a defeat. That is probably why he settled the case. Unfortunately, you only get "one bite at the apple."
Answered on Apr 02nd, 2014 at 11:42 AM