Adelanto, CA asked in Personal Injury for California

Q: Can you sue a company twice after settling out of court due to certain circumstances

I had a lawsuit back in 2008 2009 settled out of court at the time I only had two corneal transplants in my right eye was able to see was fine now since then I've had 13 colonial transplants different times in both eyes and now I'm legally blind if I would have known then would have going through now steal all of these years later and I'm still have more surgeries to come and I still cannot see I would have never said it out of court ever can I please have some kind of help there has to be something I could do it's ruined my marriage I haven't even been able to see my own face since 2013 or my sons please can you help me

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4 Lawyer Answers
Patrick William Steinfeld
Patrick William Steinfeld
Answered
  • Coronado, CA
  • Licensed in California

A: The purpose of a settlement is to resolve ALL past, present and future claims, known AND unknown. Get a copy of your Release and see what it says. This is precisely why insurance companies push for a quick settlement... before the injured victims find out just how bad their injuries really are. Good luck. Patrick

Dan Rowan Cortright
Dan Rowan Cortright
Answered
  • Rohnert Park, CA
  • Licensed in California

A: I am so sorry to hear about your situation. Whether you can sue again depends on the language in the settlement agreement and release you signed. If you waived all future claims, then you would be prevented from suing that company again. But if you can show your current problems are new claims based on different circumstances then you may still be able to make a claim. I'm happy to review the settlement agreement/release if you would like to send it to me.

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: more info is necessary but not the type of case I would handle.

everything will depend on the settlement RELEASE you signed.

i assume you had a lawyer represent you. If so, contact him/her.

if not, get a copy of your release to see what it says.

most will say past, current and future injuries.

depending on the facts, your lawyer may have not protected you adequately.

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Sacramento, CA
  • Licensed in California

A: Settling a case has serious consequences. Your question would require someone to look at what you signed to see what it said regarding future claims. Additionally a good attorney would go over everything and tell you what options you might have.

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