Legal Question in Personal Injury in Louisiana

Does accepting a check mean a case is closed?

My mother fell due to the negligence of the personnel at a major store. She hurt her head, neck and back. I took her to the hospital but they did not x-ray. The legal department at this store said they would pay the hospital costs and they did. However, one of the legal department employees informed my mother they would send her a check for a minimal amount of money. She held onto the check for a few weeks and was contacted and sort of ''rushed'' to sign the check. Since the accident she has been suffering severe head and neck pains. Can she pursue this company to cover further expenses or is the case closed once she signed the check?

Asked on 3/18/02, 5:30 pm

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Does accepting a check mean a case is closed?

It depends on a number of factors, but I suspect the check stub or other paperwork sent with the check made it clear that negotiating the check was a full and final settlement. Regardless, I would take a copy of what she received to an attorney and get an opinion. The worse that could happen is he tells you you have no claim.

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Answered on 3/19/02, 9:11 am

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