Legal Question in Personal Injury in New Jersey

MVA Question

I had a mva back in 2002. I settled out of court in 12/05 for a settlement amount and signed papers not to bring the ins. carrier to court. I had been diagnosed with corpal tunnel syndrome. But the pain had come and go during the last three years. Surgery during this time frame was not recommended because it was not severe.

Now the pain has retuned in both hands and surgery is now required.Is there any legal recourse for this situation?


Asked on 3/15/06, 10:48 am

1 Answer from Attorneys
Adam L. Rothenberg Levinson Axelrod, P.C.

Re: MVA Question

The short answer is no. Once a case is settled, you give up your rights for the future, unless the settlement contemplates a future claim, which is almost never the case.

There is always a chance that injuries will worsen or improve, this is assumed in the concept of settlement.

I would not anticipate there being anything that you can do against the other carrier.

However, if you still need additional treatment, you may be eligible to have your carrier pay for the treatment so long as the last payment was within two years of any present treatment. You should consult the attorney who handled your case on this issue.

I hope this was helpful. please feel free to contact me if any questions.

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Answered on 3/15/06, 11:09 am


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