Can I sue for injuries I got as a result of my original injury? 12 Answers as of August 27, 2015

Three years ago, I was injured in an auto accident and won a lawsuit for damages incurred in my injury. Now, additional injuries surfaced as a result of my original injuries I was already compensated for. Is there any way to file another lawsuit and claim compensation for the new injuries? My doctor claims they are a direct result of my original injuries.

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Only under Michigan law can you go back to the insurance company (yours) to pay for additional medical care. Otherwise, the case is OVER!
Answer Applies to: Michigan
Replied: 6/22/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Probably not. Double check with the lawyer who handled the case. Good luck.
Answer Applies to: Alabama
Replied: 6/19/2015
Law Offices of Richard M. Levy P.C.
Law Offices of Richard M. Levy P.C. | Richard M. Levy
That would be a no.
Answer Applies to: New York
Replied: 8/27/2015
Walpole Law | Robert J. Walpole
No, because, although it may seem a technicality, the rule is that everything associated with the reason for the lawsuit merges into the judgment. Since there has been a judgment (or in other instances a settlement), you will be precluded from filing another lawsuit based upon the same theory of recovery, i.e. auto accident. Good luck.
Answer Applies to: Oklahoma
Replied: 6/19/2015
Ty Wilson Law | Ty Wilson
You should reach out to a Georgia personal injury attorney and explain the circumstances. However if you were compensated for the car wreck, you likely signed what is called a release. The release, releases the insurance company and the at-fault driver for all injuries known and unknown. Speak with the attorney who helped you originally or obtain the release and speak with a Georgia personal injury lawyer. Good luck.
Answer Applies to: Georgia
Replied: 6/19/2015
    Law Offices of George H. Shers | George H. Shers
    No, your original suit included all injuries suffered as a consequence of the accident, including any future problems. One purpose of the court system is to make a final end to all the issues involved so everyone can move forward. If a judgment or settlement did not result in a finally resolution, then a few years later all plaintiffs could sue claiming further damages and defendants could sue claiming the plaintiff had made a recovery from the injuries they were compensated for. There would be no end to litigation.
    Answer Applies to: California
    Replied: 6/19/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    No, the recovery you got included the potential of this concurrence.
    Answer Applies to: New York
    Replied: 6/19/2015
    Pius Joseph A Professional Law Corp. | Pius Joseph
    Sorry to hear about your reinjury. Once your original injury is resolved or concluded by way of settlement /trial you cannot bring in another action in personal injury forum unless there is a new injury producing event such as a car crash by someone's negligence. Good Luck.
    Answer Applies to: California
    Replied: 6/19/2015
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    No, the matter is adjudicated or settled. Either way, there can be no further recovery. Your attorney should have explained.
    Answer Applies to: Illinois
    Replied: 6/19/2015
    End, Hierseman & Crain, LLC | J. Michael End
    Probably not. If you settled the first case, the release certainly stated that the release was for injuries "known and unknown" at the time of the settlement. If you won your original case at trial, all of your damages, past and future, would have had to be presented to the jury.
    Answer Applies to: Wisconsin
    Replied: 6/19/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I would have to see your release/ settlement. Very doubtful with standard terms.
    Answer Applies to: Michigan
    Replied: 6/19/2015
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