Ocoee, FL asked in Car Accidents for Florida

Q: I was in a bad car accident 2-3 years ago sitting passenger, broke my jaw and had surgery. I need a second surgery.

The second surgery is for reconstructive jaw surgery. My jaw is completely out of alignment and it's been confirmed by a medical doctor. Would the person driving have to cover this surgery as well? Could I open the case back up and request the money for the surgery? It does cause pain for me and I can't open my mouth straight it comes at an angle.

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2 Lawyer Answers
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Personal Injury Lawyer
  • MIramar Beach, FL
  • Licensed in Florida

A: There is not enough information to give a definitive answer. However, your statement "can I reopen the case" leads me to believe that you settled your case at some time in there past.

When you settled the case against the person who caused the injury then you settled the case for all time. Typically there is no way to reopen open a case once it is settled. IE: you got all the settlement that you will ever get.

You might want to speak with an attorney about this to have them review the prior case but typically under abnormal case you cannot reopen the case and seek more damages.

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Assuming you settled or in someway resolved the case no, but get in touch with your lawyer to see if you can file an underinsured claim.

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