Legal Question in Insurance Law in North Carolina

Car accident injury following settlement

Approximately one year ago my wife and I were involved in an accident in which the car I was driving was hit broard side by another car that ran a stop sign. Our car spun around, rolled over and landed on its side. We were both taken to the hospital and treated for abrasions and strain necks (all soft tissue). In addition, I had a very sore shoulder and wore a sling for about a week. We went to physical therapy for a short time and recovered. We settle with the insurance company and went on with our lives.

This past November I went to the Emergency Department with what appeared to be accute appendicitis. The surgeon opened me up and found about a foot of bowell with what appeared to be bruising and bleeding. The physician noted that what he saw was consistent with ''a baseball bat to the stomach or a bad car accident''.

I am convinced that this injury was caused by the car accident (seat belt). There is no other explaination.

Can I go back and get an additional settlement for the medical bills for this surgery and hospitalization?


Asked on 1/02/04, 6:19 am

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Car accident injury following settlement

The short anwer is probably, "no," you cannot sue (or claim) more money for this injury. If you signed a Release, then that Release almost certainly released all claims and injuries, known and unknown. It is difficult to believe that the insurance company would not have insisted on a Release. If, however, they did not have you sign a release, you could make the claim for the additional injury. We might need more facts to fully address this issue, such as whether the insurance company misled you. But the general and short answer is probably that you cannot recover any more. You may want to consult a lawyer for further information, and to provide more facts.

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Answered on 1/02/04, 9:06 pm


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