Legal Question in Personal Injury in Idaho

Re: Additional liability of car accident

This question and the answer is governed by Idaho state law. However, generally, I would say no. First, you case is seven (7) years old and I believe the statute of limitations in Idaho probably is nt so long;and Second, you undoubtedly signed a release of claims when you settled and that was probably a full and final release of known and unknown damages/injuries.

Re: Additional liability of car accident

Hi Steve. Your question is a little unclear when you say, "This was done through insurance company's and was settled," but I'll tell you what I think you're looking for - with the caveat that you should meet personally with an attorney, bringing with you your entire injury file, to determine your rights.

Since you sued the driver, you would have been required to bring all of your claims in that lawsuit, and a subsequent attempt will likely result in your lawsuit being dismissed under the doctrine of res judicata and/or statute of limitations defenses, and an aggressive defense attorney would certainly pursue you for attorney fees and costs for filing a frivolous lawsuit. In short - I do not believe you will be successful. There might be an exception to the SOL defense if you were a minor at the time of the accident, but res judicata will likely still apply and bar any additional recovery.