Peoria, IL asked in Car Accidents and Personal Injury for Illinois

Q: I was in a car accident in 2019 I settled my case but now I may have to get my leg amputated can I do anything else

Or can I take the lady to small claims court

4 Lawyer Answers

A: It’s unlikely due to both the statute of limitations (since accident was in 2019) and the fact that there was a settlement. However if the amputation has some additional cause (medical negligence perhaps?), then it might be possible to recover in some other way. It’s best to contact a lawyer to determine if there are any issues of liability beyond the car accident itself.

Charles Candiano and Tim Akpinar agree with this answer

A: If you settled the case you likely signed a release for any further damages.

Tim Akpinar and Charles Candiano agree with this answer

A: Apparently, you posted the question about settling your claim in 2021. When you settle a claim, you release the Defendant from any liability that is in any way related to the events that took place on that date. As noted in my other answer, you probably received the policy limits. Contact the attorney who represented you for the 2019 accident. They could easily provide you with that information. As noted above, when you settle a claim, ALL facets of the claim are settled. Again, Defendant's insurance company probably tendered the limits of their insurance and you had the same limits or lower so your attorney could not pursue an (underinsured motorist claim (UIM) against your own policy.

Tim Akpinar agrees with this answer

A: As my colleagues point out, it's possible the terms of the release and the timeline could present challenges. Most releases are worded to preclude future claims (unless you mean a claim based on med mal, which is usually a separate matter). This is something you should discuss with the attorney who represented you. 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.