Legal Question in Personal Injury in California
I was injured in an auto accident on 4-27-2010. I received a $1500 settlement from the other party as well as $5000 paid to medical fees incurred within a 6 month period. I signed a release form from the other party (Nationwide Insurance) saying that I would not bring the matter back up again.
However, the neck pain has been getting progressively worse and I would like to get more money to cover chiropractic. I see now that my settlement was too low and I should have gotten more, considering how much of a lifelong financial burden I am now faced with. Any suggestions? Am I out of luck?
5 Answers from Attorneys
I would need to see the settlement agreement to be sure, but it sounds like you're out of luck. The release you signed, if it was written properly, bars any further claims. Your release of such claims was part of the deal you made.
I agree 100% with Mr. Hoffman's response.
You signed an industry standard release. That means exactly what it says, you 'released' them from any further liability. They won't pay you without that release. The case was over as soon as you signed and received the check.
This is exactly why you should always retain an attorney. You got screwed and you did it to yourself.
Those who handle their own cases usually end up in your situation.