Q: I am awaiting a lump settlement from a company’s insurance carrier. Can I sue company after for the rest of damages?
Water damage resulted in mold and remediation and treatment that the company’s insurance doesn’t cover; so need to know if I can do a petition for damages against the company after settling with their insurer.
A: A Louisiana attorney could advise best, but your question remains open for two weeks. To receive the lump sum payment, chances are fairly good that the insurance company had you sign a release. If that was the case, the release would have served to let the company off the hook for all further claims in consideration for the settlement money. People can't generally take an insurance payment and then pursue the company - that defeats the entire purpose of insurance. But this is a generality. Only a Louisiana attorney who reviewed your file could provide a definitive answer on your particular situation. Good luck
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
