What can I do if my injuries worsen after the case? 19 Answers as of June 02, 2015

I won my personal injury case for a car accident and the other party covered my medical bills. However it is now 5 months later and suddenly I feel that the pain has returned and I have already scheduled more hospital visits. Will I be able to do anything about this or is it too late?

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Utah Injury Lawyer
Utah Injury Lawyer | Will Rodgers
It appears to be too late, given the facts you set forth in your question. If you signed a "Release" or "Release of Claims" with an insurance company in order to get your medical bills paid, then that Release is binding and final. However, if you did not sign a Release but only got your medical bills paid up to the Utah minimum of $3,000.00 PIP (Personal Injury Protection) then you may have an injury case. For your own benefit, immediately contact an injury lawyer to evaluate your case and if taken, represent you in the case without any money coming from you. The reality is car insurance companies jerk people around who are not injury lawyers. As injury lawyers, we represent our clients and help them get their healthcare bills paid and get the best financial compensation they can get on their case.
Answer Applies to: Utah
Replied: 6/2/2015
Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
Another question that says it is "Michigan", but doubtful that it is for reason that it is your own vehicle insurer that covers your crash related medical bills, not the other party/their insurer. In general your insurer will pay crash related medicals for life (unless for some bad reason you settled with your insurer and gave up "futures"). If you've signed a Release vs. any at fault parties/their insurers, it is likely that the matter can not be reopened and further claims submitted; however, you'd want to check with local counsel that regularly handles these type of claims to review your specific facts and any settlement documents for an opinion on what can/can't be done going forward.
Answer Applies to: Michigan
Replied: 5/29/2015
Stephens Gourley & Bywater | David A. Stephens
If you signed a release it is probably too late.
Answer Applies to: Nevada
Replied: 5/29/2015
Law Offices of Robert Burns
Law Offices of Robert Burns | Robert Burns
It depends on the UNSPECIFIED terms of your win either embodied in an agreement or a Court ruling. If in a Court ruling you have no remedy unless the ruling so provides.
Answer Applies to: California
Replied: 5/28/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
It's probably too late. Hopefully you had a lawyer represent you in settling the claim. Perhaps he or she can attempt something. BUT, final releases of liability are intended to be final. Presumably your lawyer checked with your doctors to get opinions about how long-lasting your pain and other problems are likely to be and took that into account in making the settlement. Generally the wording of settlements extends to all claims, known or unknown. Check the language of the one you signed. Good Luck.
Answer Applies to: Wisconsin
Replied: 5/28/2015
    Law Offices of George H. Shers | George H. Shers
    You are unclear as to what you "won". If you went to trial and their was a judgment entered or you made a settlement, that is your one and only shot at compensation. But if you sued, I do not understand why you did not include other damages, such as pain and suffering. If you mean that they just accepted liability and paid your medical bills [but they normally do not do that unless they are settling the whole case], then you can claim more in the way of damages.
    Answer Applies to: California
    Replied: 5/28/2015
    End, Hierseman & Crain, LLC | J. Michael End
    If your case went to trial, you will probably be unable to recover further compensation.
    Answer Applies to: Wisconsin
    Replied: 5/28/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Depends on the settlement. Your changes are very, very poor if you have released them.
    Answer Applies to: Michigan
    Replied: 5/27/2015
    John Russo | John Russo
    If you accepted settlement, then its to late.
    Answer Applies to: Rhode Island
    Replied: 5/27/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    If there was a judgment, or if you signed a release, the case is closed.
    Answer Applies to: California
    Replied: 5/27/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    A personal injury case should never settle until you are at maximum medical improvement. You should not only receive payment for medical bills but also pain and suffering which is usually many times the medical bills. whether you can pursue this or not will depend on whether you signed a release. If you did your case is over.
    Answer Applies to: Connecticut
    Replied: 5/27/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    I'm not sure I understand all this: you "won" your case? Was it for property damage, or for your injuries as well? Was there a court appearance, or was this a settlement? I can't understand why the other party would pay your medical bills for a car accident, that doesn't make sense to me. Generally, you get one bite at the apple: settlement or trial, once you've had your shot, that's it.
    Answer Applies to: New York
    Replied: 5/27/2015
    Gates' Law, PLLC | Thomas E. Gates
    Once you settle the matter there is nothing else you can do about future medical expenses. Sorry.
    Answer Applies to: Washington
    Replied: 5/27/2015
    S. Joseph Schramm | Joseph Schramm
    Since you have already had your trial you will unlikely be able to go back to court to on the same case to ask for more money. You would likely be barred by the legal principles of Res Judicata (the matter has been adjudicated) and Collateral Estoppel (the facts have already been tried).
    Answer Applies to: Pennsylvania
    Replied: 5/27/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    If it's not a workers' compensation case, you are stuck with the judgment you got. It's a one shot deal. If you had a lawyer, consult the lawyer. If you didn't, it sounds like you probably should have at least consulted one. Good luck.
    Answer Applies to: Alabama
    Replied: 5/27/2015
    Pius Joseph A Professional Law Corp. | Pius Joseph
    No, you are done with your case/claim once you signed the release. You may have to use your own health insurance.
    Answer Applies to: California
    Replied: 5/27/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Once the case is over, it is over! Period.! Done! Fini! How long after the accident did all of this additional stuff start? More than a few months, it could very well be related to other causes. Or it could be that you were in too big a hurry to conclude your case.
    Answer Applies to: Michigan
    Replied: 5/27/2015
    Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
    Yes, once you have settled you have settled! That is why it important to wait until all medical issues are resolved before you settle.
    Answer Applies to: Utah
    Replied: 5/27/2015
    Geneva Yourse | Geneva Yourse
    Once you settle (sign the agreement and cash the check), you cannot reopen the case. You cannot get more money.
    Answer Applies to: North Carolina
    Replied: 5/27/2015
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