California  |  Personal Injury

Re: found more injury after settleing after accident

You are probably procluded from receiving additional settlement funds from the defendant's insurance company, but you may be able to get med pay from your own insurance policy if that is included in your policy. If you are still in need of someone to look over the release and your insurance policy please feel free to contact my office at 888-563-8529. As always the consultation is free. I look forward to speaking with you. It does sound like you were taken by the insurance company because generally most injuries in car accidents are soft tissue and they do count as injuries. You may also have a good case for insurance bad faith.

Re: found more injury after settleing after accident

Normally, when an insurance company settle, you are required to sign a "general release" If you did, then you waived your rights to sue forever.

This is an example when an attorney would have been very helpful in making sure that you were adequately compensated for your damages.

GOOD LUCK

Re: found more injury after settleing after accident

I agree with the prior comment...if you knowingly signed and full release, that waived all rights to recovery, known and unknown, you are probably without recourse. You may want to have an attorney review the circumstances and content of the release, however, as if you can prove fraud or deceit (particularly from your own company) in inducing you to settle, you might be able to resurrect the claim (however unlikely.) California has a one-year statute of limitations for personal injury claims, so you should make a decision immediately. If we can be of further assistance, please let us know.

Re: found more injury after settleing after accident

I generally agree with what Mr. Drescher and Mr. Colman have said. Under California Civil Code section 1542, a general release normally does not apply to injuries about which you did not know when you signed the settlement agreement. HOWEVER, California lawyers all know about this term and generally include a waiver in their settlement agreements which results in a waiver of all claims then existing, whether known or unknown. It is very unlikely that the insurer's lawyers missed this opportunity, but it's possible and I'd be happy to take a look for you. I am making this point more for the benefit of other readers whose settlement agreements might not be as professionally drafted.

Mr. Colman is right that you might have an opportunity to undo the settlement agreement if you were fraudulently induced to sign it. More to the point, you would also have a fraud cause of action against the insurer, and the statute of limitations would commence as of the date of the agreement, not the date of the accident. Again, this seems like a long shot, but it might be worth investigating.