QUESTION
Is it possible to resue a 7 year old car accident that has been settled?
Asked on Nov 20th, 2013 on Automobile Accidents - Michigan
More details to this question:
I was in a car accident 7 years ago. I had a lawyer he sued and settled off the circumstances that I would be able to work. I have been declared disable every year and I am not able to work anymore. I have a spinal cord injury and still receiving care for it. I am also on disability. Can I re sue?
11 ANSWERS
Edwin K. Niles
Too late.
Answered on Dec 04th, 2013 at 10:19 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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What do you think a settlement is for? The answer is no.
Answered on Nov 21st, 2013 at 1:09 PM
James Eugene Hasser
If you settled, it's over. The only way around it is if there was fraud involved and you somehow just discovered it, but even then, it's been so long that I seriously doubt any court would allow you to open it back up. Discuss the matter with your old lawyer, though. The worst that can happen is that he tells you the same thing.
Answered on Nov 21st, 2013 at 1:08 PM
1 Award
No, probably not. For a couple of reasons. First the release you signed probably contained language stating something to the effect that your injuries were not fully known and permanent in nature. This is standard release language. The purpose of the language is to defeat any argument you might have that there was a misunderstanding about the full extent of your injuries and therefor there was never really an agreement. I strongly suspect the release contains language to defeat exactly such an argument. Second, assuming you could argue there was a misunderstanding regarding the nature of your injuries, and therefore there was never a sufficient understanding to execute the release in the first place, the statute of limitations has most probably run. In Oregon the the statute of limitations for personal injury cases is two years, however, there are some very limited exceptions to that rule. The bottom line is I think it is very unlikely you would be able to successfully litigate the claim.
Answered on Nov 21st, 2013 at 1:08 PM
Lisa Hurtado McDonnell
No it settled you can not sue again. Did you lawyer have a doctor impairment rating done? You might be able to sue your attorney.
Answered on Nov 21st, 2013 at 1:07 PM
1 Award
You will not be able to resurrect your claim. The settlement has been made, and the statute of limitations has passed. You could look into a potential claim against your lawyer for legal malpractice, but that would depend on what happened, how much insurance was available, what the doctors' reports said, etc. It might be a tough case. The statute of limitations for legal malpractice is six years from the date the client was injured by legal negligence.
Answered on Nov 21st, 2013 at 1:06 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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If you sued and settled the case, you would have had to sign a release that says you are releasing the defendant from any and all damages and injuries, known and unknown. Normally such releases are upheld. If your spinal cord injury existed at the time of settlement and the doctors or lawyers overlooked that aspect of your injuries, there may have been negligence on their part, but that is another matter.
Answered on Nov 21st, 2013 at 1:06 PM
Thomas Edward Gates
Sorry, since you settled you have no other recourse.
Answered on Nov 21st, 2013 at 1:06 PM
Motor Vehicle Accidents and Injuries Attorney serving Fayetteville, NC
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Beaver Courie Law Firm
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If your settlement was like every one that I have ever seen, then the settlement agreement ended your claims, and you cannot reopen the case because you have been unable to return to work.
Answered on Nov 21st, 2013 at 1:06 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No, once a settlement is reached the game is over, even if the future is not what was anticipated. Read your settlement, if there was not an escape clause (and normally there is not) you cannot re-sue.
Answered on Nov 21st, 2013 at 1:05 PM
Ronald A. Steinberg
Probably not. You had to sign a Release in order to settle, and unless you can show fraud, I very much doubt that you could reopen the case.
Answered on Nov 21st, 2013 at 12:33 PM