Is it possible to resue a 7 year old car accident that has been settled? 15 Answers as of December 04, 2013

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?

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Law Ofices of Edwin K. Niles | Edwin K. Niles
Too late.
Answer Applies to: California
Replied: 12/4/2013
Vasilaros Legal,LLC
Vasilaros Legal,LLC | Steven T. Vasilaros
Probably not. When you settled, you most likely signed a release which prohibits any more litigation. Also, in Florida, automobile accident cases are subject to a 4 year limitation period.
Answer Applies to: Florida
Replied: 11/25/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
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.
Answer Applies to: Michigan
Replied: 11/21/2013
OlsenDaines | Rex Daines
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.
Answer Applies to: Oregon
Replied: 11/21/2013
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim 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.
Answer Applies to: Alabama
Replied: 11/21/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    What do you think a settlement is for? The answer is no.
    Answer Applies to: North Carolina
    Replied: 11/21/2013
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    No. You settled the case.
    Answer Applies to: Illinois
    Replied: 11/21/2013
    Robert C. Slim - Attorney at Law
    Robert C. Slim - Attorney at Law | Robert C. Slim
    If you signed a full and final settlement of all your claims, then you would not be able to bring another claim against the parties that have been released. It does not matter that your injuries failed to resolve themselves. Another issue to keep in mind is the applicable statute of limitations. In Texas, a personal injury claim expires after two years from the date of the occurrence.
    Answer Applies to: Texas
    Replied: 11/21/2013
    Law Office of Lisa Hurtado McDonnell | 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.
    Answer Applies to: Utah
    Replied: 11/21/2013
    David Hoines Law
    David Hoines Law | David Hoines
    Once settled, claim is over.
    Answer Applies to: Florida
    Replied: 11/22/2013
    Wayne J. Wimer, Inc. P.S.
    Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
    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.
    Answer Applies to: Washington
    Replied: 11/21/2013
    Gates' Law, PLLC | Thomas E. Gates
    Sorry, since you settled you have no other recourse.
    Answer Applies to: Washington
    Replied: 11/21/2013
    Beaver Holt Sternlicht and Courie, P.A.
    Beaver Holt Sternlicht and Courie, P.A. | Mark A. Sternlicht
    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.
    Answer Applies to: North Carolina
    Replied: 11/21/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    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.
    Answer Applies to: Michigan
    Replied: 11/21/2013
    End, Hierseman & Crain, LLC | J. Michael End
    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.
    Answer Applies to: Wisconsin
    Replied: 11/21/2013
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