Can I sue the drunk driver that caused me neck and back pain? 37 Answers as of February 17, 2012

It sounds like you settled your case already. You indicate that you received a "little money from his insurance". If you have settled then it to late even if you did not recover enough money. It sounds like you settle for too little if you are still having back issues. That is why you never settle an injury case until you know the full extent of your injuries and recovery. Once you settle and sign the Release you are not going to be allowed to sue for future problems or treatment.

It seems that your actual question is whether you can sue the drunk driver after you received "a little money" from his insurance company (or the company they outsourced your claim to). The answer is whether you signed a Release (of your injury claim) in exchange for the money you received. Almost all releases contain language that would prevent someone from receiving any more money from anyone, in your case the drunk driver and his/her insurance company, for injuries and damages caused by an accident. Many releases contain language the following language or something very similar to it: FOR AND IN CONSIDERATION OF $xxxxx I hereby full and forever release and discharge DRUNK DRIVER and DRUNK INSURANCE COMPANY their heirs, administrators, executors, successors and assigns, and all other persons, firms or corporations who are or might be liable from any and all claims, demands, actions and rights of action of whatever kind of nature, which I now have or may hereafter have arising out of or resulting in any manner from injuries, losses and damages, (known and unknown, developed or undeveloped) sustained as a result of an accident which occurred on or about the 1ST day of JANUARY, 2012. I hereby accepts/accept said sum as a compromise and final settlement of all claims on account of any dispute between the parties hereto as to whether the above named parties are liable to the undersigned or not, and also as to the nature, extent and permanency of the injuries sustained by me. If you only signed a release that related to damage to your vehicle and did not mention your injury claim, then you could receive additional money. In short, the answer to your question depends on whether you signed a release of your injury claim. If you did then you could not sue or receive any more money for the accident. Otherwise, if you did not sign a release, you could get sue and get more money.

If you accepted money from them they probably had you sign a release. If you signed a release it is all over.

In Louisiana, you have a year from the date of the accident to file suit against the at-fault party or to settle the case. It appears that you are passed the one year period, therefore, you have lost your legal right to recover against the at-fault party.

You should consult with a plaintiff's personal injury lawyer for specific legal advice. If you signed a release, you may be precluded from bringing a lawsuit on the same matter.

Absolutely, and you should! DUI cases are generally are high-dollar cases. If you have any questions, please feel free to contact my office. But you should DEFINITELY hire an attorney to help you with this. These can be complicated. The attorney will be paid out of the final settlement and will cover all costs in the meantime. Also, it is not too late to sue, but you should resume treatment immediately if you are still having problems. Right or wrong, jurors assume that you must not be hurt very bad if you are not being seen by a medical doctor.

If you received money in settlement of the claim, you probably cannot sue. Without reviewing all the paperwork and talking to the insurance company it is impossible to answer your question better than that. You should talk to an attorney immediately. Most personal injury law firms will meet with you for a free consultation. Bring copies of any papers you signed, medical bills, chiropractor bills, the Traffic Accident Report, Insurance contact information (for other driver and your own), and any other papers you have related to the crash. You should do this as soon as possible, because there is a potential of a statute of limitations barring your recovery in any injury case.

If you signed a release to get money, you may not sue.

You have a Worker's Compensation claim and a third party claim against the driver who hit you. The fact that the driver was drunk has nothing to do with it. You state that you were not able to work after the accident. In litigation, unless the doctor says that you cannot work, you can work. You owe it to yourself to be checked out by an orthopedic doctor. This should have been done immediately after the accident. You should also consult an experienced Worker's Compensation attorney. Most Workers' Compensation attorneys would be able to handle Worker's Compensation claim and third-party action against the driver who hit you. If you were injured, and you absolutely should pursue these remedies, immediately. Good luck.

If the insurance company paid you, you likely signed a release and cannot sue.

Normally, when you "got a little money from his insurance company", the insurance company had you sign a release which would have released any and all claims you had, so you may be out of luck. Take the Release you signed to an attorney to review on your behalf to see if it may be voided or if it is limited. If you have not signed a release, you may be able to recover for your additional claims, again talk to an attorney ASAP.

Sounds like a soft tissue injury which are difficult to prove in court.

Unless the check that you received was for property damage only, if you settled your case and signed a release in exchange for the payment that you received you cannot reopen the case to get additional money.

If you accepted settlement, you undoubtedly signed a release. This document absolves the potential defendant from all liability. If that is the case, you have no remedy at all. Read the release. It will specifically state that you accepted what was offered regardless of your future medical condition. If you did not sign a release, you may have remedies, but this is extremely unlikely.

The statute of limitations for a negligence action in Alabama is two years. If you executed a release (to get "a little money from his insurance"), then you have waived / released your right to sue the other driver. If you are not barred by the statute of limitations and have not signed a release, then you should be able to file a lawsuit against the other driver. Also, you may have a work comp claim since you were on-the-job when the accident occurred. You may also have a claim for UM / UIM benefits under your own automobile insurance policy and/or your employer's automobile insurance policy.

Assuming you did not sign a release of claims with the other driver's insurance company, then you would be entitled to further pursue a claim for your pain and suffering. However, as you indicated that you received some money from that other insurance company, it seems likely that they would have had you sign a release of all claims before they would pay you. If you already have an attorney, you should discuss this issue with your lawyer. Otherwise, you should contact an experienced personal injury attorney to review your case.

First of all, your no-fault is supposed to pay all of your medical expenses and time out of work. Doesn't matter that it was a drunk driver who rear-ended you, that's why they call it "no fault". One of the things you are paying for when you pay your insurance is to protect yourself against economic loss. You can only recover financially from the other driver if you have what is considered a "serious injury" as that term is defined by law. This includes death, miscarriage, fractures, a total disability that lasts 90 days or a permanent partial disability. The injury must be confirmed by objective medical proof such as an x-ray, MRI, CT scan or nerve conduction study. If you got "a little money from his insurance" then you probably signed a little piece of paper that says that's all you get and you are stuck. I don't know for sure what they did for you in your claim, but that's usually how insurance settlements work. You should check.

If you "got a little money from his insurance", you have most likely settled the case, and foreclosed the possibility of any further action against the driver. Do you recall signing a "release" when you received the check? Insurance companies require claimants to sign a release, which, as the name suggests, releases the potential defendant from liability for your losses. That is why it is so critical to seek the advise of an attorney before negotiating with an insurance adjuster. Most accident attorneys offer free consultations to potential clients that will help you know what your case is worth, and help you avoid the problems that you are facing now.

If you received some compensation already, it may be too late for you to do anything about it. Generally when an insurance company pays for an accident, they require a release to be signed. These releases generally prevent you from making any future claims for the same accident. You should review your papers to see if you signed a release. Otherwise, it is advisable to contact an attorney in your area to discuss further.

If you settled the case with the insurance company you would have signed releases which included the names of the owner and driver and would have released the individuals from further claims regarding this incident. If same was done you have no right to go against the driver again. Hopefully before you signed any papers you consulted an attorney.

If you already took money from the insurance company then it is highly likely that you signed a full release of claims which would prevent you from suing the drunk driver. Yes, it would be worth your time to sue because the drunk driver is liable to you for both compensatory and punitive damages (in most cases). I imagine that the insurance company did not discuss punitive damages with you.

Since you were on the job, you should be able to make a workers' compensation claim. You can also bring a claim against the drunk driver or sue the drunk driver if you did not already settle the claim and sign a release. It is not clear from your description, but it sounds like you may have settled when you received a little money from the drunk driver's insurance company.

You can sue the drunk driver - assuming you didn't sign a release when his insurance company sent you some money. If you did, you should have the release reviewed by an attorney.

I cannot tell whether you signed a release settling the entire claim when you accepted their payment. Usually, they do not make any payment without getting a release settling the entire claim. There are exceptions. If you did not settle the entire claim, and it has been less than three years since the accident, then it would be worthwhile finding an attorney to file suit.

Any time you get a "little money" from an insurance company, you are required to sign a release of liability. If you did not sign a release of liability, you may sue for damages if you have sustained a "serious impairment of body function. Your own insurance company must pay all your medical bills.

If you signed a release when you received the money from the adverse driver's insurance company, then it is too late to bring an additional claim against the DUI driver. If you did not sign a release you may still bring a claim. It must be filed in court within two years of the accident, with a reassignment from your workers compensation carrier, if you have one. If you were working at the time of the accident as a delivery driver, did you also file a workers compensation claim? If you didn't, it is too late now since that claim had to be filed within one year from the accident. If you did, and the claim was accepted, you could now consider trying to reopen your workers compensation claim to obtain medical benefits if there is treatment for your neck and back pain that is being recommended by your physician. Because of the complications of a previous settlement and possibly a workers compensation claim, I suggest you contact an attorney to review the facts in detail to advise you what alternatives you have at this point.