QUESTION
Is there any way I can reopen or disability or something due to still having problems?
Asked on Jan 18th, 2013 on Personal Injury - South Carolina
More details to this question:
I was in a motorcycle accident day before mother’s day of 2006. I was the passenger and was thrown from the bike and messed up my one knee to the point of needing surgery and therapy. The person’s insurance company settled.
8 ANSWERS
Bankruptcy Law Attorney serving Whittier, CA
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Goldbach Law Group
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Short Answer:
Effect
The effect of a settlement agreement and mutual release is to discharge the responsible party of its obligation for causing the accident for an agreed-upon amount which is typically less than what could be obtained by pursuing a lawsuit and a trial. In exchange for making the agreed-up payment, the responsible party, the one who caused the accident and his or her insurance company are released and discharged for all past, present and/or future claims stemming from the transaction forever.
Binding
A settlement agreement and mutual release is typically binding on the personal representatives, heirs and/or successors of both parties meaning that once the dispute is settled, it cannot be revived absent a showing that the agreement is contractually void.
Answered on Mar 19th, 2017 at 5:52 AM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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If you settled your claim with the at-fault party and its insured, then it is very unlikely that you can pursue the claim any further. It is very likely that you signed a release upon settling and thus waived any and all rights to pursue the defendants any further.
Answered on Jan 23rd, 2013 at 10:30 PM
You are most probably past the statute of limitations for filing a case.
Answered on Jan 23rd, 2013 at 10:29 PM
James Eugene Hasser
Once you settle, you settle. It's over. There's no going back. Sorry.
Answered on Jan 22nd, 2013 at 7:59 PM
Ronald A. Steinberg
It's over. You settled. You signed a Release.
Answered on Jan 22nd, 2013 at 7:58 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If you have agreed to a settlement, the case is over and you can make no further claims unless they are allowed or excepted from the settlement document.
Answered on Jan 22nd, 2013 at 2:19 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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No, once you settle, that's all you can get. When you settle, you should normally take into account future problems based on the injury. If the problem is so severe that you are totally disabled, you can apply for Social Security Disability.
Answered on Jan 22nd, 2013 at 2:18 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Not very likely. You were supposed to be compensated then for any permanency and the closing documents probably shut the door on you then. See a good PI lawyer and ask him the same question. That is the purpose of a release, to release the bad guy by paying you. if you could reopen the matter any time you wanted what would be the purpose of settling the case?
Answered on Jan 22nd, 2013 at 2:18 PM