Q: My husband was in a wreck around 20 years ago. He was represented by an attorney and received a cash settlement for his
Injuries but now 20 years later, the injuries are proving to be even more of a problem. Causing him pain, Dr bills and missed days from work (he has a very active job). Is it possible to go back and see if more compensation is possible or not doable because of the previous settlement. Thank you.. (we live in Arkansas and the car he was in was hit by a semi truck)
A:
An Arkansas attorney could advise best, but your question remains open for two weeks. Unfortunately, this is difficult to do in most accident cases. I'm sorry. Accident cases are generally concluded with a form called a release. In most instances, the release serves to prevent any further claims, known and unknown at the time, arising from an accident. In other words, "When you take this money, we're done here." Insurance companies almost always require that the claimant sign a release to receive their funds.
Still, what I describe is generality. The best way to find out for certain is to find your file, reach out to your attorney, or reach out to the opposing attorney to review the terms for conclusion of the case, in particular the release, OR the existence of any provisions for future medical expenses. If you can't do any of those things, you could consider reaching out to an Arkansas attorney or investigator to see if the file can be located after the passage of twenty years, or first see if you could do it for free by starting with the insurance carrier. Good luck
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