Orangeburg, SC asked in Personal Injury for South Carolina

Q: Can you redo a lawsuit if you find your injuries are worse then you knew

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3 Lawyer Answers
James L. Arrasmith
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A: If you've previously settled a lawsuit or received a judgment and later discover that your injuries are more severe than initially thought, you generally cannot reopen the case to seek additional compensation. Most settlements include a release clause, which means you agree not to pursue any further claims related to the incident in question. This is why it's crucial to fully understand the extent of your injuries and potential future implications before agreeing to a settlement.

However, there might be exceptions depending on the specific circumstances of your case and the jurisdiction in which it was settled. For example, if there was fraud, misrepresentation, or a significant mistake in how the injury was assessed, you might have grounds to challenge the settlement. These situations are quite complex and require a detailed legal analysis.

Given the complexities involved, consulting with a legal professional is advisable. They can review the details of your original case, assess the new information regarding your injuries, and advise on any possible legal avenues that may be available to you. Legal advice is essential in navigating the potential for pursuing further action or understanding your rights in these situations.

Tim Akpinar agrees with this answer

Ted Sink
Ted Sink
Answered
  • North Charleston, SC
  • Licensed in South Carolina

A: James is unfortunately correct on this one. I second his opinion.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: The short answer is generally no, if you signed a release that covered all claims future and present, known and unknown. But as my colleagues correctly point out, there can be exceptions. If you were represented, check with your attorney. Even if the door is closed on the liability/pain & suffering component, that doesn't necessarily mean that medical expenses are necessarily off the table - that could depend on the type of claim it was and the first-party health care benefits. Good luck

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