Legal Question in Civil Litigation in Florida

I rencently reached a settlement with my ex-wife to pay her for injuries that I had inflicted on her for a domestic voilence charge. We agreed that I would pay her $7,000 for money that was paid out of pocket by her. The agreemnet was part of our divorce mediation settlement, and was aproved by the judge and the divorce was finallized on Jan 13, 2010. She is now claiming that she might need surgury for her neck as a result of the injury. She had neck surgery several years back and is now claiming that the the domestice voilence injuries may have damaged the work done by the surgery.

The original charge happened on June 4, 2009 so it's been 16 months after the fact.. Can she slap another suit on me fo a claim that was legally settled???


Asked on 10/29/10, 9:11 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

She may be able to file suit, but if your divorce decree was properly drafted, and limited her claims for these injuries to the $7000 already paid (by you), then she will have trouble collecting. She should have signed a waiver of further claims at the time of your divorce, or the divorce decree should have specifically stated that she had no further claim for her injuries. The whole point of getting a divorce decree is to settle all of the disputed issues between the parties.

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Answered on 11/03/10, 10:59 am


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