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.

Tim Akpinar and Charles Candiano 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

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