Legal Question in Personal Injury in California
A re-injury is discovered after the settlement
Back in May, the engine of my late model car burst into flames while driving on the freeway. No apparent injuries were noticed during the incident.
My insurance company as well as the independent fire investigations company determined that the engine fire was caused because of the repairs performed by the dealership. Because of the severe level of damage to the car, the insurance company decided to �total� it.
At the end of July, I settled a comprehensive claim with my insurance company. Unfortunately, I began experiencing some minor muscle spasms and stiffness to my leg a week later after the settlement. It was apparent that I had mistakably under estimated the slight bruises on my leg that occurred as I exited the car and then slipped to the ground.
Because of a childhood injury (third degree burn) to my leg, I felt that no one would believe that it was re-injured, especially the insurance company or the HMO.
Recently, a friend explained to my wife that I may still be eligible for damages and will probably need a lawyer to help with my insurance company.
Question: Am I still able to go back to my insurance company for further damages or am I just out of luck because of settling with them already?
2 Answers from Attorneys
Re: A re-injury is discovered after the settlement
It depends upon the terms of the settlement, which I can not comment upon without reading the documents. You may have settled with YOUR insurance company and still be able to puruse the dealership. If you would like further help contact me by email at [email protected]
Re: A re-injury is discovered after the settlement
It depends on the terms of your settlement agreement. Most settlement agreements drafted by California lawyers (and a settlement with an insurance company was almost surely created this way) include releases of all existing claims whether known or unknown. If this language appears in your agreement, then you are most likely out of luck. There could be other defects in the agreement which would give you some wiggle room, though.
Having settled with your insurer would probably not prevent you from going after the dealer or its insurer, but this process may not be worthwhile if you feel you have only minor claims to make.
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